Family Court (England and Wales), sitting at Liverpool

Family Court (England and Wales), sitting at Liverpool

United Kingdom - England and Wales

18 April 2024

B v C & Anor (referred to also as B v C & D)

[2024] EWFC 138 (B)

First instance

• Article 5(1)
• Article 8

Article 11

Children Act 1989

Not provided

Care proceedings concerning a young child born in Hungary to Hungarian parents. The child had been the subject of protective measures and extensive child-welfare involvement in Hungary before the parents brought him to England in 2023. The English local authority subsequently commenced care proceedings. The court first considered whether the child had acquired habitual residence in England and Wales for the purposes of Article 5 of the 1996 Hague Convention. Although the child had spent only a relatively short period in England before proceedings were commenced and retained substantial connections with Hungary, the Hungarian authorities had terminated their protective proceedings following the family's move abroad and the mother intended to remain in England. By a fine balance, the court found that the child had become habitually resident in England and Wales and that jurisdiction was therefore founded under Article 5. The court nevertheless held that the Hungarian authorities were better placed to assess the child's best interests, given their extensive previous involvement, the evidence and assessments already available there, the parents' language, the child's Hungarian heritage and family connections, and the prospect of swifter proceedings. A request was therefore made under Article 8 for Hungary to assume jurisdiction.

The court held that the child was habitually resident in England and Wales and therefore that jurisdiction was founded under Article 5 of the 1996 Hague Convention. It nevertheless concluded that the Hungarian authorities were better placed to assess the child's best interests and directed that a request be made under Article 8 for Hungary to assume jurisdiction.