Re S (A Child: Article 9 transfer to Norway)
[2024] EWHC 2814 (Fam)
E v D (Child: Transfer of Proceedings Art. 9 of Hague Convention 1996)
17 September 2024
[2024] EWHC 2422 (Fam)
High Court
A dad wanted to move a court case about his child from Malta to the UK. The UK judge said no, because while the case in Malta was slow, there wasn't enough proof that the UK courts would be much faster and better for the child. The judge encouraged the parents to try to solve things quickly in Malta.
Key Facts
- •Father (British and Canadian) applies for transfer of child custody proceedings from Malta to England and Wales under Article 9 of the 1996 Hague Convention.
- •Child (V) is 8 years old, holds British and Canadian nationality, and currently resides in Malta with his mother (Latvian).
- •Proceedings in Malta are significantly delayed due to various factors, including a judge's personal circumstances.
- •Father argues that the delay in Malta is detrimental to the child's welfare and that English courts can reach a quicker decision.
- •Mother opposes the transfer, citing potential disadvantages, including loss of legal aid and increased difficulty in participating in proceedings in England.
- •A psychological report expresses concerns about the child's well-being due to the ongoing parental conflict and language barriers in school.
Legal Principles
Article 9 of the 1996 Hague Convention allows for the transfer of proceedings if the requested state is 'better placed to assess the child's best interests'.
1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
The test for transfer under Article 9 requires demonstrating 'genuine added value' in transferring the proceedings.
Child and Family Agency v D (R intervening) (ECJ) [2017] 2 WLR 949
The court does not assess the competence or efficiency of the courts in the other jurisdiction.
N (Children) [2016] UKSC 15
The approach is similar to Article 15 of BIIA.
Re D (Care Proceedings: 1996 Hague Convention: Article 9 Request) [2021] EWHC 1970 (Fam)
Outcomes
The father's application to transfer the proceedings to England and Wales was dismissed.
The court was not satisfied that the English courts were better placed to assess the child's best interests. While potential for a quicker decision in England exists, it is speculative, and the parties had not actively sought to expedite the Maltese proceedings.