Aberdeenshire Council v SF & Anor

Aberdeenshire Council v SF & Anor

SF is now habitually resident in England and Wales because she has achieved a significant degree of integration and stability in her social environment, exercises more autonomy, and her current connections outweigh ongoing discussions about her future residence.

Source-derived case information.

Parties
Applicant: Aberdeenshire Council; First Respondent: SF; Second Respondent: EF
Jurisdiction
England and Wales
Judgment Date
12 December 2024
Procedural Posture
Court of Protection / Judgment on Habitual Residence
Outcome
SF is declared habitually resident in England and Wales.
Legal Topics
Habitual Residence, Mental Capacity Act 2005, Recognition of Foreign Orders
Mental Capacity Family Law Habitual Residence Mental Capacity Act 2005 Recognition of Foreign Orders

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Parties

Aberdeenshire Council

Applicant

SF

First Respondent

EF

Second Respondent

Procedural Posture

Court of Protection / Judgment on Habitual Residence

Legal Issues

  1. 1 Whether SF is habitually resident in England and Wales or Scotland
  2. 2 Impact of SF's integration and stability on habitual residence

Ratio Decidendi

SF is now habitually resident in England and Wales because she has achieved a significant degree of integration and stability in her social environment, exercises more autonomy, and her current connections outweigh ongoing discussions about her future residence.

Court Disposition

SF is declared habitually resident in England and Wales.

Orders

  • SF is habitually resident in England and Wales for the purposes of the Mental Capacity Act 2005.