X (Habitual Residence), Re

X (Habitual Residence), Re

X lost habitual residence in Country Y and acquired habitual residence in England and Wales by June 2019 due to integration into a stable family and social environment, consistent wishes not to return, and the circumstances of abandonment and risk in Country Y.

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 / Jurisdictional Determination
Outcome
Jurisdiction confirmed; X habitually resident in England and Wales at commencement of proceedings.
Legal Topics
Habitual Residence, Brussels Iia Regulation, 1996 Hague Convention, Parental Responsibility
Family Law Child Protection Jurisdiction Habitual Residence Brussels Iia Regulation 1996 Hague Convention Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2
Sign in to unlock

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 / Jurisdictional Determination

Legal Issues

  1. 1 Whether X was habitually resident in England and Wales at the time care proceedings were commenced
  2. 2 Whether the English court has jurisdiction under Brussels IIa 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 due to integration into a stable family and social environment, consistent wishes not to return, and the circumstances of abandonment and risk in Country Y.

Court Disposition

Jurisdiction confirmed; X habitually resident in England and Wales at commencement of proceedings.

Orders

  • The court has jurisdiction to determine the care proceedings.
  • No further orders regarding habitual residence under the 1996 Convention were necessary.