PIL instrument(s)

Case number and/or case name

Leicester City Council v S and Others [2014] EWHC 1575 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

08 April 2014

Appeal history

CJEU's case law cited by the court

Summary

The proceedings were in respect of a child, DS, who was born in England on 26th March 2013. The parents were Hungarian. The mother came to England in September 2012. On 21st April 2014, the mother left England, leaving the child behind. The LA got involved, and care proceedings were initiated. The English court had jurisdiction under Article 8(1). At the time when the proceedings were taking place in England, both parents were residing in Hungary. The English High Court decided to make a transfer request to the Hungarian courts. Mr Justice Moylan held: “83 […]I consider that: (1) the courts of Hungary are better placed (a) to collect the necessary evidence, (b) to analyse that evidence and the issues raised, and (c) to determine what outcome is in DS's best long-term interests, and are therefore better placed to hear this case; and (2) it is in DS's best interests for his future to be determined in Hungary. Accordingly, I direct that a request be sent immediately to the Hungarian Central Authority for that court to assume jurisdiction. The parties must prepare an agreed summary of the background circumstances of this case, without going into the merits, which can be sent with the request to the Hungarian Central Authority. I will also give permission for the papers in this case to be sent to the Hungarian Central Authority. All this must be done via the English Central Authority.” [83]