High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

17 September 2024

E v D (Child: Transfer of Proceedings Art. 9 of Hague Convention 1996)

[2024] EWHC 2422 (Fam)

First instance

• Article 9
• Article 5(1)

• Article 1
• Article 3
• Article 8

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The child, V, was habitually resident in Malta and was the subject of ongoing welfare proceedings before the Maltese courts. The father sought a transfer of proceedings to England and Wales under Article 9 of the 1996 Hague Child Protection Convention, arguing that the Maltese proceedings had been significantly delayed and that the English courts could determine the dispute more quickly. The mother opposed the application. The court reviewed the operation of Articles 5, 8 and 9 of the Convention and the principles governing transfers of jurisdiction, including the requirement that a transfer should provide genuine added value and be based on considerations of comity and mutual trust between Contracting States. Although the court accepted that there had been regrettable delay in Malta and that the child faced ongoing difficulties, it concluded that England and Wales was not better placed to determine the child's welfare and dismissed the application.

The father's application under Article 9 of the 1996 Hague Child Protection Convention was dismissed. The court held that England and Wales was not better placed than Malta to assess the child's best interests and therefore declined to request or assume jurisdiction in respect of the ongoing welfare proceedings. Although there had been substantial delay in the Maltese proceedings, the court was not satisfied that transferring the case would provide sufficient added value to justify displacing the jurisdiction of the Maltese courts.

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