PIL instrument(s)
Brussels IIa
Case number and/or case name
Lancashire County Council v T & Others [2014] EWHC 3321 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 15
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 4
Paragraph 5
Paragraph 6
Date of the judgement
08 August 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
The care proceedings were in respect of 5 children. The father was an English national; the mother was Scottish. All the children had lived in Lancashire till 10th July 2014 when the father and the children went to Ireland. The care proceedings were initiated by the LA on 15th July which posed the question whether the children were habitually resident in England on 15th July. The English court held that they were resident in England, and assumed jurisdiction under Article 8(1) of Brussels IIa. An application for a transfer request under Article 15 was refused by the English court.

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