Source: All England Reporter
Publisher Citation: [2016] All ER (D) 71 (Apr)
Neutral Citation: [2016] UKSC 15
Court: Supreme Court

Lord Neuberger P, Lady Hale DP, Lord Kerr, Lord Wilson and Lord Carnwath

Representation Henry Setright QC, Martha Cover and Michael Gration (instructed by Hanne & Co) for the children.
  Roger McCarthy QC and Mark Twomey (instructed by the London Borough of Hownslow) for the local authority.
  William Tyler QC and Malcolm MacDonald (instructed by Lawrence & Co Solicitors) for the mother.
  Frank Feehan QC and Dorian Day (instructed by Hecht Montgomery) for the father.
  Deirdre Fottrell QC, Lucy Sprinz and Michael Edwards (instructed by Herbart Smith Freeholds LLP) for the first intervener, AIRE Centre.
  John Vater QC, Edward Devereux, Mehvish Chaudhry and Rob George (instructed by Goodman Ray LLP) for the second intervener, Family Rights Group.
  David Williams QC and Jacqueline Renton (instructed by Kingsley Napley) for the third intervener, The International Centre for Family Law, Policy and Practice.
Judgment Dates: 13 April 2016


Family proceedings - Jurisdiction - Matrimonial matters and matters of parental responsibility - Proceedings concerning two children born in England to Hungarian parents - Children being Hungarian nationals - Care proceedings occurring - Judge holding Hungarian court better placed to hear case - Local authority and Children's Guardian appealing - Whether judge erring in approach to assessment of criteria for transfer of case - Whether placement order proceedings should be stayed by court - Whether reference should be made to Court of Justice of European Union - Family Procedure Rules 2010, r 4.1(3)(g) - , art 15.

The Case

Family proceedings Jurisdiction. The Supreme Court allowed an appeal by the Children's Guardian and the local authority against an order stating that the Hungarian court was better placed to hear a case regarding two children and that transferring the case to Hungary would be in the children's best interests. The children were Hungarian nationals born in the United Kingdom to Hungarian parents. The transfer request would be set aside and the case would be returned to the Family Division.

Practice Areas

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