Z & Anor v C & Anor

Z & Anor v C & Anor

Z abandoned his domicile of origin and acquired an English domicile of choice upon arrival in January 2008, as evidenced by his conduct, intention, and integration into UK life; thus, the court has jurisdiction to entertain the parental order application.

Parties
1st Applicant: Z; 2nd Applicant: B; Respondent: C; Advocate to the Court: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
02 December 2011
Procedural Posture
Parental Order Application (family) / Preliminary Issue on Domicile
Outcome
Preliminary issue determined in favour of the applicants; court has jurisdiction.
Legal Topics
International Surrogacy, Parental Orders, Domicile, Jurisdiction, Same Sex Parenting
Family Law Private International Law International Surrogacy Parental Orders Domicile Jurisdiction Same Sex Parenting

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 10 Party arguments 2
Sign in to unlock

Parties

Z

1st Applicant

B

2nd Applicant

C

Respondent

Cafcass Legal

Advocate to the Court

Procedural Posture

Parental Order Application (family) / Preliminary Issue on Domicile

Legal Issues

  1. 1 Whether Z was domiciled in England and Wales at the time of the parental order application under s.54(4)(b) HFEA 2008

Ratio Decidendi

Z abandoned his domicile of origin and acquired an English domicile of choice upon arrival in January 2008, as evidenced by his conduct, intention, and integration into UK life; thus, the court has jurisdiction to entertain the parental order application.

Court Disposition

Preliminary issue determined in favour of the applicants; court has jurisdiction.

Orders

  • Z found to have English domicile as of January 2008.
  • Court has jurisdiction to entertain the parental order application.