PIL instrument(s)

Case number and/or case name

In the matter of: Re: B-C & others (children) [2014] EWHC 2997 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

16 June 2014

Appeal history

CJEU's case law cited by the court

Summary

The care proceedings were in respect of 4 children. The mother was a Portuguese national. She came in England along with 4 children of hers in the summer of 2013. One of those children was return to Portugal where the child had been in the “guardship” of another Portuguese lady. The mother gave birth to one child in England in November 2013. The Local Authority got involved shortly after the birth of this child. There was a concern that the mother could not properly care for all the children. The care proceedings were initiated by the Local Authority. Although the English court had jurisdiction, it was decided for a transfer request to be made to the Portuguese courts. Mr Justice Holman stated: “14 […] it seems to me that each of the three requirements of Article 15.1 are clearly satisfied in this case. It seems to me that I should, albeit exceptionally, exercise the discretion conferred by Article 15 to request an appropriate court in Portugal to accept jurisdiction in relation to all four of these children. If such a court should do so, then pursuant to Article 15.5 this court will later decline jurisdiction once jurisdiction has been accepted by that court. I stress, however, that unless and until there is a decision by an appropriate court in Portugal to accept jurisdiction in relation to these children, this court, of course, retains jurisdiction and all the existing orders and directions of continuing effect will remain in full force and effect.” [14]