SJ (A Child), Re (Habitual Residence: Application To Set Aside) [2014] EWHC 58 (Fam) (22 January 2014)

SJ (A Child), Re (Habitual Residence: Application To Set Aside) [2014] EWHC 58 (Fam) (22 January 2014)

The English court's declarations as to habitual residence and wrongful retention stand because there was no material change in circumstances or misleading of the court, and the proper route for challenge is appeal. The child did not lose habitual residence in England by virtue of the temporary and conditional move...

Source-derived case information.

Citation
[2014] EWHC 58 (Fam)
Parties
Applicant Mother: Ms J. Moseley; Respondent Father: Mr M. Jarman
Jurisdiction
England and Wales
Judgment Date
22 January 2014
Procedural Posture
Family Law Child Abduction / Habitual Residence / Application to Set Aside Declarations and Review Habitual Residence
Outcome
Application to set aside declarations refused; declarations stand; return application adjourned pending clarification from Spanish court.
Legal Topics
Habitual Residence, Child Abduction, Jurisdiction, Hague Convention, Council Regulation (ec) No 2201/2003 (biir)
Family Law Private International Law Habitual Residence Child Abduction Jurisdiction Hague Convention Council Regulation (ec) No 2201/2003 (biir)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Ms J. Moseley

Applicant Mother

Mr M. Jarman

Respondent Father

Procedural Posture

Family Law Child Abduction / Habitual Residence / Application to Set Aside Declarations and Review Habitual Residence

Legal Issues

  1. 1 Whether the English court's declarations as to the child's habitual residence and wrongful retention should be set aside
  2. 2 Whether the English court retains jurisdiction over the child
  3. 3 Whether the Spanish court's refusal to return the child affects English jurisdiction

Ratio Decidendi

The English court's declarations as to habitual residence and wrongful retention stand because there was no material change in circumstances or misleading of the court, and the proper route for challenge is appeal. The child did not lose habitual residence in England by virtue of the temporary and conditional move to Gibraltar and Spain, and the Spanish court expressly ceded jurisdiction to England. The mother's application to set aside is refused.

Court Disposition

Application to set aside declarations refused; declarations stand; return application adjourned pending clarification from Spanish court.

Orders

  • Mother's application to set aside declarations is refused.
  • Declarations of Judge Nathan and Theis J stand.