Judgments

CK (Children) (Care Proceedings, Habitual Residence, Article 15) [2015] EWHC 2666 (Fam)

Judgment within care proceedings concerning (i) whether the court had jurisdiction under Article 8 Brussels IIA; and (ii) whether to accede to a request by the Lithuanian Central Authority for a transfer of jurisdiction under Article 15 Brussels IIA. Held that the court had jurisdiction on the basis that the children were habitually resident in England and Wales at the time proceedings were issued, and that the criteria warranting a transfer under Article 15 BIIA were not met. Accordingly the request by the Lithuanian Central Authority was refused.

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