On appeal from: [2015] EWCA Civ 1112.

Whether the courts of England & Wales or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls. The girls are Hungarian nationals but were born and have been resident in England all their lives. The girls were removed from their parents by UK authorities and care proceedings initiated. The mother (since returned to Hungary) applied for the care proceedings to be transferred to Hungary pursuant to art 15 of Brussels II Revised. Held: the Supreme Court unanimously allowed the appeal, setting aside the request for a transfer of the proceedings to Hungary and returning the case to the High Court. The “best interests” assessment in article 15 is not limited to questions relevant to the choice of forum. While a number of factors will be relevant both to the question of whether a court is “better placed” to hear the proceedings and of whether transfer is in the “best interests” of the child, these are separate questions and must be addressed separately.

For judgment, please download: [2016] UKSC 15
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court website (17 Mar 2016 morning session), (17 Mar 2016 afternoon session)