Coram Barristers in Supreme Court Case
The first case to reach the Supreme Court in relation to the interpretation of Article 15 Brussels IIa was heard yesterday and featured three barristers from Coram Chambers.
Joint Heads of Chambers Martha Cover and Mark Twomey, appeared for the appellant guardian and the local authority respectively. Mark Twomey was led by former Head of Chambers, Roger McCarthy QC.
The Supreme Court will address the proper approach to the assessment of the children’s best interests on applications for transfer of the care proceedings.
The children in this case were living together with foster parents in England. The local authority’s final care plan was for the children to be adopted in England, without the consent of the parents. The mother applied for the transfer of the care proceedings to Hungary pursuant to Article 15 Brussels IIa. Her application was supported by the father and the Hungarian Central Authority, which indicated that social care professionals would collect the children from England and place them in a new foster home in Hungary. The judge made an order for the transfer of the proceedings to Hungary.
Judgement of the Supreme Court is reserved.