Leicester City Council v Chhatbar

Leicester City Council v Chhatbar

On 17th October 2013, Abdul Rahman Chhatbar was habitually resident in England and Wales because neither the parents nor the child had severed their integration in England and Wales; their social and family environment remained there, and their ties to Northern Cyprus were insufficient to establish habitual residence.

Parties
Claimant: Leicester City Council; Respondent: Chhatbar
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Family Law Child Protection / Wardship / Judgment on Habitual Residence and Directions
Outcome
Declaration made that Abdul Rahman Chhatbar was habitually resident in England and Wales on 17th October 2013; permission to appeal refused.
Legal Topics
Habitual Residence, Wardship, Child Abduction, Jurisdiction, Hague Convention
Family Law Child Protection International Law Habitual Residence Wardship Child Abduction Jurisdiction Hague Convention

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Parties

Leicester City Council

Claimant

Chhatbar

Respondent

Procedural Posture

Family Law Child Protection / Wardship / Judgment on Habitual Residence and Directions

Legal Issues

  1. 1 Was Abdul Rahman Chhatbar habitually resident in England and Wales on 17th October 2013 when made a ward of court?
  2. 2 Should the court make further directions regarding expert evidence and possible return applications?

Ratio Decidendi

On 17th October 2013, Abdul Rahman Chhatbar was habitually resident in England and Wales because neither the parents nor the child had severed their integration in England and Wales; their social and family environment remained there, and their ties to Northern Cyprus were insufficient to establish habitual residence.

Court Disposition

Declaration made that Abdul Rahman Chhatbar was habitually resident in England and Wales on 17th October 2013; permission to appeal refused.

Orders

  • Declaration as to habitual residence of the child.
  • Order to obtain expert evidence on prospects of enforcement in Northern Cyprus within 28 days.