Derbyshire County Council v Mother & Ors

Derbyshire County Council v Mother & Ors

Habitual residence for jurisdiction under the Hague Convention is determined at the date the court is seised; at the relevant date, the children were habitually resident in Spain, so English court jurisdiction is based on urgency under Article 11. Professional supervision of contact is disproportionate except for one session per week; family supervision is sufficient given positive assessments and absence of evidence of ongoing risk.

Parties
Applicant: Derbyshire County Council; First Respondent: Mother; Second Respondent: Father; Third and Fourth Respondents: A and B (children, through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Care Proceedings / Interlocutory Judgment on Jurisdiction and Interim Contact
Outcome
Jurisdiction based on Article 11 Hague Convention; interim contact orders varied.
Legal Topics
Habitual Residence, Jurisdiction Under Hague Convention, Interim Contact, Child Protection
Family Law International Law Habitual Residence Jurisdiction Under Hague Convention Interim Contact Child Protection

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Parties

Derbyshire County Council

Applicant

Mother

First Respondent

Father

Second Respondent

A and B (children, through their Children’s Guardian)

Third and Fourth Respondents

Procedural Posture

Care Proceedings / Interlocutory Judgment on Jurisdiction and Interim Contact

Legal Issues

  1. 1 Determination of habitual residence for jurisdiction under Hague Convention
  2. 2 Appropriate date for assessing habitual residence
  3. 3 Court's power to make interim care orders under Article 11 Hague Convention

Ratio Decidendi

Habitual residence for jurisdiction under the Hague Convention is determined at the date the court is seised; at the relevant date, the children were habitually resident in Spain, so English court jurisdiction is based on urgency under Article 11. Professional supervision of contact is disproportionate except for one session per week; family supervision is sufficient given positive assessments and absence of evidence of ongoing risk.

Court Disposition

Jurisdiction based on Article 11 Hague Convention; interim contact orders varied.

Orders

  • Interim Care Orders continued under Article 11 Hague Convention.
  • Contact between parents and children to be supervised by family members except for one session per week, which will be professionally supervised.