Summary
The care proceedings were in respect of a child, H, who was born in England in February 2013.
The mother was an Albanian national who came to England in November 2013. The whereabouts of the mother were unknown. The mother was known to the Social Services in Liverpool.
The child was left into the care of a lady, T, from Sussex. T submitted that she had met the mother several times before, but did not know her well.
The care proceedings were duly initiated. The English court established jurisdiction. In this context, Mrs Justice Theis held:
“30 Having determined H's habitual residence is here and that this court does have jurisdiction, it is necessary for the court to consider whether it should consider whether there should be any request for these proceedings to be transferred to another jurisdiction (in this case Albania) pursuant to Article 15 Brussels II Revised. However, as Mr. Cameron sets out, the effect of Article 61 is that jurisdiction must be exercised under the Regulation rather than under the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (the Convention). In those circumstances, it is submitted, rightly, that the court cannot make use of the Article 15 procedure because that is to request a transfer to another Member State, and Albania is not a Member State. It is also submitted, in my judgment rightly, that the court could not use the transfer request under Article 8 of the Convention, since Article 61(a) of the Regulation acts to provide for jurisdiction only to be exercised under the Regulation and that this would be consistent with the practice guide's comment at page 16 that ‘the scope for using Article 8 must be limited’. So, I do not consider that there is any positive obligation as a result of either the Convention or Brussels II Revised for this court, in the circumstances of this case, to actively consider whether there should be any transfer of the proceedings to Albania.” [30]