M and T (Proposed Convention Adoption : Habitual Residence) [2015] EWFC B239 (16 July 2015)

M and T (Proposed Convention Adoption : Habitual Residence) [2015] EWFC B239 (16 July 2015)

The children have not acquired habitual residence in the United States; their placement with E was time-limited, subject to court orders, and lacked the necessary stability. The English court retains jurisdiction, and the welfare best interests of the children are best served by pursuing Convention Adoption Orders in England and Wales.

Citation
[2015] EWFC B239
Parties
Applicant Kinship Carer: E; First Respondent: Local Authority; Second Respondent: D (Mother); Third Respondent: S (Father); Fourth and Fifth Respondents: M and T (Children)
Jurisdiction
England and Wales
Judgment Date
16 July 2015
Procedural Posture
Family Law Adoption and Habitual Residence / Judgment on Habitual Residence, Jurisdiction, and Related Applications
Outcome
Applications dismissed
Legal Topics
Habitual Residence, Adoption (hague Convention), Jurisdiction, Care Orders, Placement Orders
Family Law International Law Habitual Residence Adoption (hague Convention) Jurisdiction Care Orders Placement Orders

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Parties

E

Applicant Kinship Carer

Local Authority

First Respondent

D (Mother)

Second Respondent

S (Father)

Third Respondent

M and T (Children)

Fourth and Fifth Respondents

Procedural Posture

Family Law Adoption and Habitual Residence / Judgment on Habitual Residence, Jurisdiction, and Related Applications

Legal Issues

  1. 1 Whether the children M and T have lost habitual residence in England and Wales and acquired habitual residence in the United States
  2. 2 Whether the English court should cede or surrender jurisdiction to the courts of the United States
  3. 3 Whether to discharge care orders, revoke placement orders, and permit withdrawal of the Convention Adoption Order application

Ratio Decidendi

The children have not acquired habitual residence in the United States; their placement with E was time-limited, subject to court orders, and lacked the necessary stability. The English court retains jurisdiction, and the welfare best interests of the children are best served by pursuing Convention Adoption Orders in England and Wales.

Court Disposition

Applications dismissed

Orders

  • Application to discharge care orders dismissed
  • Application to revoke placement orders dismissed