R (A Child)

R (A Child)

R was habitually resident in Spain from at least January 2018. There was no wrongful removal or retention by the Mother, as the Father consented to R's move to Spain. The English court has no jurisdiction under Brussels IIa, as Spain is the child's habitual residence and the proper forum for any parental...

Source-derived case information.

Parties
Subject: R (A Child); Applicant: Applicant Father; Respondent: Respondent Mother
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Inherent Jurisdiction (family) / Jurisdictional Determination
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Habitual Residence, Jurisdiction, Child Abduction, Parental Responsibility
Family Law Private International Law Habitual Residence Jurisdiction Child Abduction Parental Responsibility

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Parties

R (A Child)

Subject

Applicant Father

Applicant

Respondent Mother

Respondent

Procedural Posture

Inherent Jurisdiction (family) / Jurisdictional Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction over the child R under the inherent jurisdiction and Brussels IIa Regulation
  2. 2 Whether R was habitually resident in Spain or the UK at the relevant times
  3. 3 Whether there was wrongful removal or retention under Article 10 Brussels IIa

Ratio Decidendi

R was habitually resident in Spain from at least January 2018. There was no wrongful removal or retention by the Mother, as the Father consented to R's move to Spain. The English court has no jurisdiction under Brussels IIa, as Spain is the child's habitual residence and the proper forum for any parental responsibility disputes.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • Application under inherent jurisdiction dismissed
  • Interim order of March 2018 discharged