Request for Article 15 transfer must be made by court with jurisdiction (Court of Appeal)

In Re L (Child) [2016] EWCA Civ 821, the Court of Appeal allowed an appeal against final orders made in care proceedings on the ground that the English court had no jurisdiction to make the orders. There were current proceedings in France and the local authority wrote to the French court to request a transfer of the French case to the English court under Article 15 of Council Regulation (EC) 2201/2003 (BIIR). While the French judge indicated that she was willing to transfer the case, this did not amount to a request for the English court to assume jurisdiction.