C v G

C v G

The children remained habitually resident in England at the relevant date; their removal to Madagascar was wrongful and without the mother's consent; it is in their best interests to return to the UK for the English court to determine future arrangements.

Parties
Applicant: C; Respondent: G
Jurisdiction
England and Wales
Judgment Date
28 March 2017
Procedural Posture
Family / Final Judgment
Outcome
Order for return of children to the UK and into the care of their mother.
Legal Topics
Habitual Residence, Child Abduction, Parental Responsibility, Jurisdiction, Best Interests of the Child
Family Law International Child Law Habitual Residence Child Abduction Parental Responsibility Jurisdiction Best Interests of the Child

Case Brief

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Parties

C

Applicant

G

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the children were habitually resident in England at the relevant date
  2. 2 Whether the court has jurisdiction under Brussels IIA
  3. 3 Whether the children should be returned to the UK under the court's inherent jurisdiction

Ratio Decidendi

The children remained habitually resident in England at the relevant date; their removal to Madagascar was wrongful and without the mother's consent; it is in their best interests to return to the UK for the English court to determine future arrangements.

Court Disposition

Order for return of children to the UK and into the care of their mother.

Orders

  • Children to be returned to the UK as speedily as possible.
  • Children to be placed in the care of their mother.