AB (a child) (Habeas Corpus), Re

AB (a child) (Habeas Corpus), Re

A child is a 'person' under the Children Act 1989 and the Interpretation Act 1978. The orders placing AB with her father were lawfully made by the Family Court. There is no unlawful detention, and the application for habeas corpus is misconceived. No evidence of judicial bias exists. Judicial review is refused as out of time and alternative remedies were not exhausted.

Parties
Appellant/mother: SJ; Respondent/father: DH
Jurisdiction
England and Wales
Judgment Date
05 September 2024
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Habeas Corpus, Child Arrangements Orders, Statutory Interpretation, Jurisdiction, Bias, Judicial Review
Family Law Civil Procedure Habeas Corpus Child Arrangements Orders Statutory Interpretation Jurisdiction Bias Judicial Review

Case Brief

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Parties

SJ

Appellant/mother

DH

Respondent/father

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether a child is a 'person' under the Children Act 1989 and Interpretation Act 1978
  2. 2 Whether the child AB is unlawfully detained by the father
  3. 3 Whether the orders of the Family Court were lawful

Ratio Decidendi

A child is a 'person' under the Children Act 1989 and the Interpretation Act 1978. The orders placing AB with her father were lawfully made by the Family Court. There is no unlawful detention, and the application for habeas corpus is misconceived. No evidence of judicial bias exists. Judicial review is refused as out of time and alternative remedies were not exhausted.

Court Disposition

Appeal dismissed

Orders

  • Application for writ of habeas corpus dismissed
  • Permission to commence judicial review proceedings refused