In order for an application to be heard in an English court, the court must first decide if they have the jurisdiction to hear the case.
Recently, the court heard the case of Re B (children) (Care proceedings: jurisdiction: transfer of proceedings).
In this case there were four applications that concerned two children in connected proceedings. A 16-year-old girl (LB) had a baby (S). LB had S unaccompanied at the hospital when she was 15 years old. The local authority became worried about the wellbeing of both LB and S, and so placed them in a ‘mother and baby’ foster placement. In October 2021 both LB and S were placed on an interim care order. In November 2021 LB left the placement and went back to Romania and resided with her parents, leaving S behind.
The four applications before the court were:
- An application by the local authority to make LB a ward of the court
- An application by LB to challenge the courts jurisdiction to hear her case as she is no longer habitually resident in England.
- An application by LB to ask the case to be transferred to the Romanian courts.
- An application by S’s father to continue to spend time with his child.
The court held that LB should return to England, and her applications should not be transferred to Romania. The Romania Embassy stated that they did not wish to hear the case, and during communications between Romanian courts the local authority in England found no challenges to the case being heard in England.
The court dismissed LB’s request to transfer the proceedings to the Romanian court. The court also declared that LB be made a ward of the court. Finally, the application from S’s father was also dismissed.
How can this help you?
The court in the above case held that a person’s permanent home can be changed during proceedings, however when determining when a court has jurisdiction it will consider the where the permanent home is at the time of the hearing. If a person is wrongfully removed from their jurisdiction their permanent residence will remain unchanged, if the court have decided they have jurisdiction when the wrongful act was committed.
In an application like the above, the court should ask two questions. The first question is whether another court in another jurisdiction is better placed to hear the proceedings. The second question is whether it is in the child’s best interests that the proceedings be transferred. When asking the second question the court should consider the impact the decision will have on the child both long term and short term. This question is particularly important as it is the central consideration in all child arrangement proceedings.
If you would like to talk to someone regarding how you can seek time with your children or require any related advice from our specialist solicitors, then please contact us today where we can offer a free 30-minute consultation to discuss your matter.