Ground-breaking Child Law Cases

Ground-breaking Child Law Cases

J and E (Children: Brussels II Revised: Article 15) [2014] EWFC 45 – HHJ Bellamy, sitting as a deputy Judge of the High Court, transferred care proceedings to Hungary pursuant to the provisions of Article 15 of Council Regulation (EC) No 2201/2003. Article 15 relates to the transfer of proceedings relating to children between member states of the European Union.

Re N (Children) (Adoption: Jurisdiction) [2016] 2 WLR 713 – The Court of Appeal dismissed an appeal by both the Guardian and the Local Authority against HHJ Bellamy’s decision to transfer the care proceedings to Hungary under Article 15, at first instance. The Court made criticisms about the misuse of s20 Children Act 1989, delay and the need for judicial continuity.

Re N (Children) [2016] UKSC 15 – On appeal by the Children’s Guardian the Supreme Court broadened the “attenuated” welfare test when considering the best interests of the child upon the transfer of care proceedings to Hungary. This was the first time the Supreme Court had considered the provisions of Article 15 Council Regulation (EC) No 2201/2003. The Court allowed the appeal holding that when considering the children’s best interests, the Judge should have taken the children being moved from their settled home with the foster carers into account, with whom they had resided for some 17 months.

2018-02-16T17:38:32+00:00 November 7th, 2017|