AB v AB (Child : Enforcement of Foreign Order : Algeria) [2015] EWHC 2422 (Fam) (03 July 2015)

AB v AB (Child : Enforcement of Foreign Order : Algeria) [2015] EWHC 2422 (Fam) (03 July 2015)

The court refused to make a summary order for relocation to Algeria or to stay the English proceedings because the child is habitually resident and settled in England, the Algerian order did not consider the issue of relocation, and such a move would not be in the child's best interests without a full welfare investigation. The existence of the Algerian order did not outweigh the child's connections to England or justify a summary determination.

Citation
[2015] EWHC 2422 (Fam)
Parties
Applicant: AB; Respondent: AB
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Family Law (child Relocation/custody) / Judgment on Application for Summary Relocation and Stay of English Proceedings
Outcome
Father's application dismissed.
Legal Topics
Child Relocation, Custody Jurisdiction, Forum Conveniens, Recognition and Enforcement of Foreign Orders, Habitual Residence
Family Law Private International Law Child Relocation Custody Jurisdiction Forum Conveniens Recognition and Enforcement of Foreign Orders Habitual Residence

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 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

AB

Applicant

AB

Respondent

Procedural Posture

Family Law (child Relocation/custody) / Judgment on Application for Summary Relocation and Stay of English Proceedings

Legal Issues

  1. 1 Whether to order summary relocation of a child from England to Algeria based on an Algerian court order
  2. 2 Whether to stay English proceedings in favour of Algerian jurisdiction
  3. 3 Whether enforcing the Algerian order is in the child's best interests

Ratio Decidendi

The court refused to make a summary order for relocation to Algeria or to stay the English proceedings because the child is habitually resident and settled in England, the Algerian order did not consider the issue of relocation, and such a move would not be in the child's best interests without a full welfare investigation. The existence of the Algerian order did not outweigh the child's connections to England or justify a summary determination.

Court Disposition

Father's application dismissed.

Orders

  • Application for summary relocation to Algeria refused.
  • Application to stay English proceedings refused.