SH v HH

SH v HH

The English court had no jurisdiction over SH because he was neither habitually resident nor present in England, and there was no unequivocal acceptance by the father to confer jurisdiction under Article 12(3) Brussels II Revised. The orders of Judge Cliffe were set aside and the wardship discharged.

Parties
Child: SH; Father/appellant: HH; Mother/respondent: (Mother, anonymised)
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Wardship/family Law Appeal / Appeal From High Court (wardship Jurisdiction) to Court of Appeal
Outcome
Appeal allowed; orders of Judge Cliffe set aside; wardship discharged.
Legal Topics
Wardship, Habitual Residence, Jurisdiction of English Courts, Brussels II Revised, Procedural Fairness
Family Law Jurisdiction Wardship Habitual Residence Jurisdiction of English Courts Brussels II Revised Procedural Fairness

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Parties

SH

Child

HH

Father/appellant

(Mother, anonymised)

Mother/respondent

Procedural Posture

Wardship/family Law Appeal / Appeal From High Court (wardship Jurisdiction) to Court of Appeal

Legal Issues

  1. 1 Whether the English court had jurisdiction over SH under habitual residence or presence
  2. 2 Whether the proceedings were procedurally fair and compliant with Article 6 ECHR
  3. 3 Whether jurisdiction could be conferred by prorogation under Article 12(3) Brussels II Revised

Ratio Decidendi

The English court had no jurisdiction over SH because he was neither habitually resident nor present in England, and there was no unequivocal acceptance by the father to confer jurisdiction under Article 12(3) Brussels II Revised. The orders of Judge Cliffe were set aside and the wardship discharged.

Court Disposition

Appeal allowed; orders of Judge Cliffe set aside; wardship discharged.

Orders

  • Permission to appeal granted.
  • Appeal allowed; orders of Judge Cliffe set aside.