BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just Β£5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales Family Court Decisions (High Court Judges) |
||
You are here: BAILII >> Databases >> England and Wales Family Court Decisions (High Court Judges) >> London Borough of Islington v R [2014] EWFC 41 (29 October 2014) URL: http://www.bailii.org/ew/cases/EWFC/HCJ/2014/41.html Cite as: [2014] EWFC 41 |
[New search] [Printable RTF version] [Help]
Sitting at the Royal Court of Justice
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
Re J (A Child: Brussels II Revised: Article 15: Practice and Procedure) The London Borough of Islington |
||
- and - |
||
R - and- |
____________________
Cyrus Larizadeh for the mother, R
Richard Beddoe for the father, N
Jane Rayson for the child, J, by her children's guardian, Melinda Cassel
Hearing dates: 27, 28 October 2014
____________________
Crown Copyright ©
Mrs Justice Pauffley:
Introduction
Background
Litigation history
Parties' positions in the care proceedings
Article 15 submissions
Legal principles
When and before which tribunal should the Article 15 issue have been determined?
"In applying the provisions of FPR Part 12 and the Public Law Outline the court and the parties must also have regard to International instruments Brussels II Revised and the 1996 Hague Convention."
A 'particular connection' within the meaning of Article 15(3)
Would the Hungarian courts be 'better placed' to determine the issues?
Would a transfer be 'in the best interests' of J?
• J's right to a relationship with her siblings (unless there are substantial welfare reasons for denying her that opportunity);
• the absolute requirement of achieving the best possible 'welfare' solution rather than striving for speed;
• J's nationality and her cultural identity.
Discretionary exercise