A & Ors (Case Proceedings: 1996 Hague Convention: Habitual Residence), Re

A & Ors (Case Proceedings: 1996 Hague Convention: Habitual Residence), Re

The children have acquired habitual residence in England due to sufficient integration and stability in their current foster placement, school attendance, and adaptation to life in England, despite ongoing emotional and behavioural difficulties and the impermanence of their immigration status. The existence of an undetermined asylum claim does not, on current law, prevent the court from making or implementing a welfare decision, including return to Austria, as Austria is a safe third country where the children retain asylum status.

Parties
Applicant: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: Paternal Grandmother; Respondent: Children (A, B, C, D) by their children's guardian
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Care Proceedings (public Law, International Element) / Interlocutory Judgment on Jurisdiction and Habitual Residence
Outcome
Children found habitually resident in England; court retains jurisdiction; matter listed for further directions and welfare hearing.
Legal Topics
Habitual Residence, Jurisdiction Under 1996 Hague Convention, Asylum and Non Refoulement, Implementation of Welfare Decisions, Public Law Children Proceedings
Family Law International Law Child Protection Immigration Law Habitual Residence Jurisdiction Under 1996 Hague Convention Asylum and Non Refoulement Implementation of Welfare Decisions +1 more

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Parties

A Local Authority

Applicant

A Mother

Respondent

A Father

Respondent

Paternal Grandmother

Respondent

Children (A, B, C, D) by their children's guardian

Respondent

Procedural Posture

Care Proceedings (public Law, International Element) / Interlocutory Judgment on Jurisdiction and Habitual Residence

Legal Issues

  1. 1 Whether the children are habitually resident in England or Austria for the purposes of the 1996 Hague Convention
  2. 2 Whether the existence of an undetermined asylum claim prevents the implementation of welfare decisions, including return to Austria

Ratio Decidendi

The children have acquired habitual residence in England due to sufficient integration and stability in their current foster placement, school attendance, and adaptation to life in England, despite ongoing emotional and behavioural difficulties and the impermanence of their immigration status. The existence of an undetermined asylum claim does not, on current law, prevent the court from making or implementing a welfare decision, including return to Austria, as Austria is a safe third country where the children retain asylum status.

Court Disposition

Children found habitually resident in England; court retains jurisdiction; matter listed for further directions and welfare hearing.

Orders

  • Interim care orders for all four children confirmed.
  • Matter to be listed for further directions and welfare hearing in mid-June 2024.