In the Matter of KL (A Child)

In the Matter of KL (A Child)

The child K was habitually resident in England and Wales by 29 August 2012, so the Hague Convention did not require his return. However, under the inherent jurisdiction, it is in K's best interests to return to Texas so that the Texan court can determine his long-term care, restoring the proper relationship with both parents and his country of birth.

Parties
Appellant's Advocate: Richard Harrison QC; Respondent's Advocate: Henry Setright QC; Appellant's Instructing Solicitors: Bindmans LLP; Respondent's Instructing Solicitors: Freemans Solicitors; Intervener: Reunite International Child Abduction Centre; Intervener's Instructing Solicitors: Lyons Davidson
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Child Abduction / Custody (hague Convention) / Supreme Court Appeal
Outcome
Appeal allowed
Legal Topics
Child Abduction, Habitual Residence, Jurisdiction, Inherent Jurisdiction, Return Orders
Family Law International Law Child Abduction Habitual Residence Jurisdiction Inherent Jurisdiction Return Orders

Case Brief

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Parties

Richard Harrison QC

Appellant's Advocate

Henry Setright QC

Respondent's Advocate

Bindmans LLP

Appellant's Instructing Solicitors

Freemans Solicitors

Respondent's Instructing Solicitors

Reunite International Child Abduction Centre

Intervener

Lyons Davidson

Intervener's Instructing Solicitors

Procedural Posture

Child Abduction / Custody (hague Convention) / Supreme Court Appeal

Legal Issues

  1. 1 Whether the child K was habitually resident in Texas or England and Wales at the relevant time under the Hague Convention
  2. 2 Whether the English court should exercise its inherent jurisdiction to order the return of the child to Texas

Ratio Decidendi

The child K was habitually resident in England and Wales by 29 August 2012, so the Hague Convention did not require his return. However, under the inherent jurisdiction, it is in K's best interests to return to Texas so that the Texan court can determine his long-term care, restoring the proper relationship with both parents and his country of birth.

Court Disposition

Appeal allowed

Orders

  • The child K is to be returned forthwith to San Antonio, Texas, on the basis of undertakings offered by the father.
  • If the mother does not return with K, the order for his return stands.