Jurisdiction

Re N (Children) (Adoption: Jurisdiction) [2015] EWCA Civ 1112, [2015] All ER (D) 32 (Nov) NLJ 13 November

The Court of Appeal, in dismissing a local authority’s appeal against transfer of a public law family case to Hungary, answered questions regarding the jurisdiction of the English court in cases involving foreign children habitually resident in England and who had foreign parents who did not consent to their adoption, the scope of Council Regulation (EC) 2201/2003 (Brussels II Revised) as it applied to both care and placement proceedings and the requirements that had to be met before the court could request a transfer to another member state.