Source: All England Reporter
Publisher Citation: [2015] All ER (D) 79 (May)
Neutral Citation: [2015] EWFC 30
Court: Family Court

Mrs Justice Theis

Representation Marcus Scott-Manderson QC and Katie Harris for the authority.
  Markanza Cudby for the first respondent.
  Jeremy Dugdale for the second respondent.
  Michael Edwards for the third respondent.
  Alistair Perkins for Mr and Mrs D.
Judgment Dates: 22 April 2015


European Union - Jurisdiction - Matrimonial matters and matters of parental responsibility - Child and mother, both Lithuanian, living in England - Child being taken into foster care - Fact finding hearing concluding child being at risk of physical and emotional harm from mother - Lithuanian Central Authority requesting transfer of matter - Mother's family being assessed as suitable to care for child in Lithuania - Parties agreeing court to make transfer request to Lithuania - Court making interim child arrangements order in favour of mother's family - Lithuanian Central Authority communicating withdrawal of transfer request as English court having resolved issue of guardianship - Whether court to make transfer request - , art 15.

The Case

European Union Jurisdiction. The parties had agreed that the court should, in response to a request, make a transfer to the Lithuanian Central Authority in respect of a girl pursuant to art15 of (concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility). The court then made an interim child arrangement order in preparation for the child's return. However, the Lithuanian Central Authority then communicated that it no longer sought such a request as it considered that the English court had resolved the issue of guardianship. The parties no longer sought a transfer. The Family Court determined that, in the circumstances, a final child arrangement order would be made in favour of family members of the child that would facilitate her return to Lithuania, but that no transfer request would be made, the Lithuanian courts being best placed to deal with the child's future long term issues once her habitual residence there was established.

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