ES v AJ & Anor

ES v AJ & Anor

The court found as a fact that the parents agreed to send the twins to the Cameroons in November 2008 on an open-ended basis, and that the twins have since acquired habitual residence in the Cameroons. Therefore, the English court has no jurisdiction over them.

Parties
Applicant: ES; Respondent: AJ; Second Respondent: PL
Jurisdiction
England and Wales
Judgment Date
19 May 2010
Procedural Posture
Wardship Application / Judgment After Preliminary Issue Hearing
Outcome
Originating summons dismissed for lack of jurisdiction.
Legal Topics
Habitual Residence, Jurisdiction of English Courts, Child Removal, Wardship, Parental Responsibility
Family Law Private International Law Habitual Residence Jurisdiction of English Courts Child Removal Wardship Parental Responsibility

Case Brief

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Parties

ES

Applicant

AJ

Respondent

PL

Second Respondent

Procedural Posture

Wardship Application / Judgment After Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction over the twins based on their habitual residence
  2. 2 Whether the twins remain habitually resident in England and Wales or have acquired habitual residence in the Cameroons
  3. 3 Whether the court should exercise discretion to order the return of the twins

Ratio Decidendi

The court found as a fact that the parents agreed to send the twins to the Cameroons in November 2008 on an open-ended basis, and that the twins have since acquired habitual residence in the Cameroons. Therefore, the English court has no jurisdiction over them.

Court Disposition

Originating summons dismissed for lack of jurisdiction.

Orders

  • The originating summons relating to the twins is dismissed.