In re N (Children) (Adoption: Jurisdiction) (AIRE Centre and others intervening) – WLR Daily

Posted April 20th, 2016 in adoption, EC law, jurisdiction, law reports, transfer of proceedings by sally

In re N (Children) (Adoption: Jurisdiction) (AIRE Centre and others intervening) [2016] UKSC 15

‘Two children, who like their parents were Hungarian nationals, were born in England and habitually resident in the United Kingdom, having lived with the same English foster carers for most of their lives, initially with the consent of their parents. The local authority sought a care order under section 31 of the Children Act 1989 and, subsequently, an order for placement of the children with the foster carers with a view to their adoption pursuant to section 21 of the Adoption and Children Act 2002. The mother, who had returned to Hungary and had a third child with the father, opposed the orders and applied under article 15 of Council Regulation (EC) No 2201/2003 for the proceedings to be transferred to Hungary. The Hungarian authorities supported her application, maintaining that only the Hungarian authorities could order the adoption of a Hungarian national minor. They proposed that upon return to Hungary the children would be placed with English speaking foster parents but maintain contact with their parents. The judge directed that both the care and placement order proceedings be transferred in accordance with article 15 on the ground that the Hungarian courts would be better placed to determine the welfare issues. The Court of Appeal decided, inter alia, that the placement order proceedings were outside the scope of article 15 by virtue of article 1(3)(b) of the Regulation and could not, therefore, be transferred to Hungary, but that, since the judge had not erred in ordering the transfer of the care proceedings, the placement order proceedings would be stayed even though they could not be transferred. ‘

WLR Daily, 13th April 2016