AB v CD

AB v CD

A did not acquire habitual residence in England on or after 27 June 2017 and retained substantial connections to Spain; even if habitual residence was acquired in England, it was re-acquired in Spain on or after 30 November 2017. Therefore, there was no wrongful retention and the English court lacked jurisdiction.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
11 April 2018
Procedural Posture
Family / Judgment
Outcome
Application dismissed
Legal Topics
Habitual Residence, Jurisdiction, Child Abduction, Wrongful Retention
Family Law International Child Law Habitual Residence Jurisdiction Child Abduction Wrongful Retention

Case Brief

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether A was habitually resident in England or Spain at the relevant time
  2. 2 Whether M wrongfully retained A in Spain
  3. 3 Whether the English court has jurisdiction under BIIa

Ratio Decidendi

A did not acquire habitual residence in England on or after 27 June 2017 and retained substantial connections to Spain; even if habitual residence was acquired in England, it was re-acquired in Spain on or after 30 November 2017. Therefore, there was no wrongful retention and the English court lacked jurisdiction.

Court Disposition

Application dismissed

Orders

  • Return order discharged
  • Article 42.1 BIIa certificate discharged