AS and BS (Habitual residence)

AS and BS (Habitual residence)

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 this country.

Parties
Applicant: A Local Authority; Respondent: Mrs S; Respondent: Mr S; Respondent: AS and BS (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Care Proceedings / Jurisdiction Determination
Outcome
Jurisdiction not established; children not habitually resident in England and Wales.
Legal Topics
Habitual Residence, Jurisdiction Under Children Act 1989
Family Law Child Protection Habitual Residence Jurisdiction Under Children Act 1989

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Parties

A Local Authority

Applicant

Mrs S

Respondent

Mr S

Respondent

AS and BS (by their Children’s Guardian)

Respondent

Procedural Posture

Care Proceedings / Jurisdiction Determination

Legal Issues

  1. 1 Whether the children AS and BS are habitually resident in England and Wales for the purposes 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 this country.

Court Disposition

Jurisdiction not established; children not habitually resident in England and Wales.

Orders

  • No substantive orders made; proceedings cannot continue in England and Wales due to lack of jurisdiction.