Following new legislation recently introduced in relation to cases where the Local Authority are involved with safeguarding issues of non English National children, the Court now has the power to use their discretion in deciding whether or not to direct a transfer of the case to the child’s country of birth.

In deciding whether a Court should exercise its powers under Article 15(1), three questions arise:-

  1. First, it must determine whether the child has, within the meaning of Article 15(3), a particular connection with the relevant other member state. The member state is the place of the child’s nationality.
  2. Secondly, it must determine whether the Court of that other member state would be better placed to hear the case, or a specific part thereof. This involves an exercise of evaluation to be undertaken in light of all the circumstances of the particular case.
  3. Thirdly, it must determine if a transfer to the other Court is in the best interest of the child. This again involves an evaluation undertaken in the light of all the circumstances of the particular child. The Court cannot exercise its powers under Article 15 unless the questions are answered in the affirmative. The Court then has to exercise its discretion in deciding whether or not to make an order.

If you have any queries in relation to proceedings concerning your child please do not hesitate to contact us. WE have offices across Lincolnshire and Newark and our family team will be happy to assist you.

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