B v D [2008] EWHC 1246 (Fam) (22 April 2008)

B v D [2008] EWHC 1246 (Fam) (22 April 2008)

The children remained habitually resident in England and Wales because their stay in Portugal was for a limited, educational purpose and the mother did not give real, informed consent to a permanent change. The English court had jurisdiction under the inherent jurisdiction and Brussels II Revised. The court should exercise its discretion to order the children's return to England as it was in their best interests and there was no undue delay or acquiescence by the mother.

Citation
[2008] EWHC 1246 (Fam)
Parties
Applicant Mother: J B; Respondent Father: R D
Jurisdiction
England and Wales
Judgment Date
22 April 2008
Procedural Posture
Wardship / Inherent Jurisdiction (family) / Final Judgment After Full Hearing
Outcome
Application granted; order for return of children to England and Wales.
Legal Topics
Wardship, Jurisdiction, Habitual Residence, International Child Abduction, Brussels II Revised, Hague Convention 1980
Family Law Private International Law Wardship Jurisdiction Habitual Residence International Child Abduction Brussels II Revised Hague Convention 1980

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Parties

J B

Applicant Mother

R D

Respondent Father

Procedural Posture

Wardship / Inherent Jurisdiction (family) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction over the children under the inherent jurisdiction and Brussels II Revised
  2. 2 Whether the children were habitually resident in England and Wales at the relevant time
  3. 3 Whether the mother's consent to the children remaining in Portugal was valid and informed

Ratio Decidendi

The children remained habitually resident in England and Wales because their stay in Portugal was for a limited, educational purpose and the mother did not give real, informed consent to a permanent change. The English court had jurisdiction under the inherent jurisdiction and Brussels II Revised. The court should exercise its discretion to order the children's return to England as it was in their best interests and there was no undue delay or acquiescence by the mother.

Court Disposition

Application granted; order for return of children to England and Wales.

Orders

  • Children to be returned to England and Wales as soon as practicable.
  • Children to remain based with their father in his flat in England until further order.