AS and BS (Habitual residence) [2020] EWFC 101 (15 December 2020)

AS and BS (Habitual residence) [2020] EWFC 101 (15 December 2020)

The children never acquired habitual residence in England and Wales as their life, associations, education, family, and language are all in Romania and they have no integration in a social and family environment in the UK.

Citation
[2020] EWFC 101
Parties
Applicant: A Local Authority; First Respondent: Mrs S; Second Respondent: Mr S; Third Respondent: AS and BS (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Care Proceedings Under the Children Act 1989 / Jurisdiction Determination
Outcome
The court lacks jurisdiction under the Children Act 1989 as the children are not habitually resident in England and Wales.
Legal Topics
Habitual Residence, Jurisdiction Under Children Act 1989, International Child Law
Family Law Child Protection Habitual Residence Jurisdiction Under Children Act 1989 International Child Law

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Parties

A Local Authority

Applicant

Mrs S

First Respondent

Mr S

Second Respondent

AS and BS (by their Children's Guardian)

Third Respondent

Procedural Posture

Care Proceedings Under the Children Act 1989 / Jurisdiction Determination

Legal Issues

  1. 1 Whether the children AS and BS are habitually resident in England and Wales for the purpose of jurisdiction under the Children Act 1989

Ratio Decidendi

The children never acquired habitual residence in England and Wales as their life, associations, education, family, and language are all in Romania and they have no integration in a social and family environment in the UK.

Court Disposition

The court lacks jurisdiction under the Children Act 1989 as the children are not habitually resident in England and Wales.

Orders

  • No further orders made under the Children Act 1989 due to lack of jurisdiction.