PIL instrument(s)

Case number and/or case name

Hertforshire County Council v LC (deceased), AC, RV, EV, L (A Child) [2015] EWHC 1617 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

19 March 2015

Appeal history

CJEU's case law cited by the court

Summary

The proceedings were in respect of a child, L. The child was born in May 2006. The child had been residing in Romania before it was brought over by the Vs to England on 10th September 2013. RV and EV were given father’s permission to take the child to England. The Vs informed the Local Authority which carried the statutory assessment. It came to light that the older sisters of L had made allegations for sexual abuse by the father. Similar allegation were made by L. The father, who was the sole surviving parent, wanted to take the child out of England. This posed the question of whether the child was habitually resident in England, making the English court competent. The English court held that it had jurisdiction because the child was habitually resident in England. In this context, it was considered whether there was a case for the English court to make a transfer request under Article 15 of Brussels IIa. Ms Justice Russell refused to make such a request, holding that: “39 The transfer of the case is not in L's best interests. If delay were the only issue that alone would be inimical to her best interests. There would be delay as the Romanian authorities are not seised of the case and have not requested transfer. There are no proceedings nascent or otherwise in Romania. Delay is not the only issue. If the case is transferred where is L to go in the interim? She cannot be placed with her father as he may have seriously sexually abused and assaulted her. L is frightened of him and does not want to go there. There has been nowhere identified that is safe haven to receive L and no-one with whom this court could safely leave her while the authorities pick up this case and commence proceedings. I will not transfer this case as it is not in the interests of this child's welfare to do so.” [39]