X (Habitual Residence), Re [2019] EWFC 84 (07 November 2019)

X (Habitual Residence), Re [2019] EWFC 84 (07 November 2019)

X lost habitual residence in Country Y and acquired habitual residence in England and Wales by June 2019, as evidenced by integration into a stable family and social environment, X's consistent wishes, and lack of care arrangements in Country Y. The court therefore has jurisdiction under BIIr.

Citation
[2019] EWFC 84
Parties
Applicant: A Local Authority; 1st Respondent: A; 2nd Respondent: B; 3rd Respondent: X (Through their Children's Guardian); Proposed Intervener: SSHD
Jurisdiction
England and Wales
Judgment Date
07 November 2019
Procedural Posture
Care Proceedings / Jurisdiction Determination
Outcome
Jurisdiction confirmed; X habitually resident in England and Wales as of June 2019.
Legal Topics
Habitual Residence, Jurisdiction, Care Proceedings, Child Protection, 1996 Hague Convention
Family Law International Child Law Habitual Residence Jurisdiction Care Proceedings Child Protection 1996 Hague Convention

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Parties

A Local Authority

Applicant

A

1st Respondent

B

2nd Respondent

X (Through their Children's Guardian)

3rd Respondent

SSHD

Proposed Intervener

Procedural Posture

Care Proceedings / Jurisdiction Determination

Legal Issues

  1. 1 Whether X was habitually resident in England and Wales at the time proceedings commenced
  2. 2 Whether the court has jurisdiction under BIIr or the 1996 Hague Convention

Ratio Decidendi

X lost habitual residence in Country Y and acquired habitual residence in England and Wales by June 2019, as evidenced by integration into a stable family and social environment, X's consistent wishes, and lack of care arrangements in Country Y. The court therefore has jurisdiction under BIIr.

Court Disposition

Jurisdiction confirmed; X habitually resident in England and Wales as of June 2019.

Orders

  • Court has jurisdiction to determine care proceedings for X.