I (Habitual Residence), Re

I (Habitual Residence), Re

M was habitually resident in England and Wales at the time proceedings were issued because he had lived there for five years with his uncle and aunt as primary carers, and his habitual residence did not automatically follow his parents' will or actions in removing him to Nigeria. The court therefore had jurisdiction.

Parties
Applicants: Mr and Mrs A; Respondents: Mr and Mrs I
Jurisdiction
England and Wales
Judgment Date
03 December 2012
Procedural Posture
Children Act 1989 Application and Inherent Jurisdiction Application / Jurisdictional Determination
Outcome
Jurisdiction affirmed; court has jurisdiction over the child.
Legal Topics
Habitual Residence, Jurisdiction, Parental Responsibility, Child Abduction, Residence Orders
Family Law Child Law International Private Law Habitual Residence Jurisdiction Parental Responsibility Child Abduction Residence Orders

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Parties

Mr and Mrs A

Applicants

Mr and Mrs I

Respondents

Procedural Posture

Children Act 1989 Application and Inherent Jurisdiction Application / Jurisdictional Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction over the child based on habitual residence as at the date of proceedings
  2. 2 Whether the parents' removal of the child to Nigeria ended his habitual residence in England

Ratio Decidendi

M was habitually resident in England and Wales at the time proceedings were issued because he had lived there for five years with his uncle and aunt as primary carers, and his habitual residence did not automatically follow his parents' will or actions in removing him to Nigeria. The court therefore had jurisdiction.

Court Disposition

Jurisdiction affirmed; court has jurisdiction over the child.

Orders

  • Court invites written submissions on further orders to be made.