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Council Regulation (EC) No 2201/2003Show full title

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000

Article 15U.K.Transfer to a court better placed to hear the case

1.By way of exception, the courts of a Member State having jurisdiction as to the substance of the matter may, if they consider that a court of another Member State, with which the child has a particular connection, would be better placed to hear the case, or a specific part thereof, and where this is in the best interests of the child:

(a)stay the case or the part thereof in question and invite the parties to introduce a request before the court of that other Member State in accordance with paragraph 4; or

(b)request a court of another Member State to assume jurisdiction in accordance with paragraph 5.

2.Paragraph 1 shall apply:

(a)upon application from a party; or

(b)of the court's own motion; or

(c)upon application from a court of another Member State with which the child has a particular connection, in accordance with paragraph 3.

A transfer made of the court's own motion or by application of a court of another Member State must be accepted by at least one of the parties.

3.The child shall be considered to have a particular connection to a Member State as mentioned in paragraph 1, if that Member State:

(a)has become the habitual residence of the child after the court referred to in paragraph 1 was seised; or

(b)is the former habitual residence of the child; or

(c)is the place of the child's nationality; or

(d)is the habitual residence of a holder of parental responsibility; or

(e)is the place where property of the child is located and the case concerns measures for the protection of the child relating to the administration, conservation or disposal of this property.

4.The court of the Member State having jurisdiction as to the substance of the matter shall set a time limit by which the courts of that other Member State shall be seised in accordance with paragraph 1.

If the courts are not seised by that time, the court which has been seised shall continue to exercise jurisdiction in accordance with Articles 8 to 14.

5.The courts of that other Member State may, where due to the specific circumstances of the case, this is in the best interests of the child, accept jurisdiction within six weeks of their seisure in accordance with paragraph 1(a) or 1(b). In this case, the court first seised shall decline jurisdiction. Otherwise, the court first seised shall continue to exercise jurisdiction in accordance with Articles 8 to 14.

6.The courts shall cooperate for the purposes of this Article, either directly or through the central authorities designated pursuant to Article 53.