Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

19 JUN 2013

BRUSSELS II REVISED: Re T (Brussels II Revised:Art 15)

(Court of Appeal, Thorpe, Tomlinson, Briggs LJJ, 11 June 2013)

The teenage parents fled from Slovakia when the mother was pregnant having herself been subject to a care order and residing in a children's home. Proceedings were initiated in the UK in respect of the mother's siblings and her baby who was born shortly after their arrival.

As a preliminary issue consideration was given as to whether an Art 15 transfer request should be made. The judge held that the requirements of Art 15 had been met and that proceedings should be continued in Slovakia. The mother appealed.

The appeal was dismissed. The best interests of the child was one of the central questions to an Art 15 determination. The judge had erred when he introduced consideration of the M v M principles which concerned facts of a very different context and predated Art 15. It was well established that an application for a stay on the basis of forum non conveniens should be determined as a preliminary issue before the substantive issues. The submission that the judge should have considered the authority's care proceedings before making a transcript request was misconceived. Notwithstanding that the judge had misdirected himself, it was clear that even if he had properly directed himself he would have come to the same conclusion.


Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters