The High Court has asked the courts of England and Wales to accept jurisdiction in child care proceedings concerning L.W., a child born in Dublin in September 2012. The request does not itself transfer the case: under the regulation considered by the court, the requested courts must accept jurisdiction before the Irish courts decline it.
The Health Service Executive (HSE) brought the application under Article 15 of EU Regulation 2201/2003. The guardian ad litem and L.W.’s father, G.L., supported it, with G.L.’s support qualified. Her mother, M.W., opposed it.
L.W. remained with foster carers after the HSE obtained an emergency Care Order in the District Court. The High Court held that the case could fall within Article 15 even though it was a public law child care matter. It found a particular connection with England and Wales because L.W. was a British citizen by descent and her father was habitually resident there. The judge said it was unnecessary to decide L.W.’s habitual residence.
In deciding where the case could best be heard, the judge considered the history of child care and criminal proceedings involving M.W. in England, and the availability there of records, professionals and potential witnesses. M.W. disputed the weight to be given to older material, saying it predated her imprisonment and counselling. The judge stressed that he was not reaching a conclusion about the past allegations or deciding whether M.W. could safely care for L.W. or have continuing contact with her. He noted that she had attended supervised access sessions and behaved appropriately.
The judge concluded that the English and Welsh courts were better placed to hear the case and that it was in L.W.’s best interests for them to do so. He considered the potential benefits of contact with family members in Ireland, but also the English court’s access to relevant evidence and a wider range of care options. He did not decide the child care question, determine future contact, or order L.W.’s immediate move to England.
The court said it would request acceptance of jurisdiction through the competent authorities and judicial cooperation channels, with assistance from the liaison judge. It also said it would seek an undertaking from the HSE to advance the request and seek directions for its judicial determination in the requested state.