Ruth Cabeza and Andrew Leong in A Local Authority v F (A Child: Article 8 Transfer of Proceedings to Romania) [2026] EWFC 129 (B)
10th Jun 2026 | Cases
Ruth Cabeza acted for the Applicant Local Authority and Andrew Leong, instructed by SBS Solicitors, acted for the 3rd Respondent child in A Local Authority v F (A Child: Article 8 Transfer of Proceedings to Romania) [2026] EWFC 129 (B); an application by a local authority to transfer public law care proceedings to Romania.
This case concerned a local authority application to transfer ongoing care proceedings relating to a 21-month-old child, F, from England and Wales to Romania pursuant to Article 8 of the 1996 Hague Convention. F, who was born in England and had lived here all her life, had been in foster care since February 2025 following serious safeguarding concerns regarding her parents’ care.
The local authority sought transfer on the basis that its final care plan was for F to be adopted in Romania. The mother opposed the application, while the Children’s Guardian argued that England remained the appropriate forum. The court considered the principles governing jurisdiction under the 1996 Hague Convention and the circumstances in which a transfer may be justified.
Refusing the application, the court held that the Romanian authorities were not better placed to assess F’s best interests. All relevant evidence, professionals, parties and proceedings were based in England, where F was habitually resident. The court concluded that the substantive welfare issues should be determined by the English court at a final hearing.
The court also determined that the requirements of Paragraph 19 Schedule 2 of the Children Act 1989 did have to be considered in this case as the local authority’s plan was to move the child to Romania as well as transfer the proceedings.
