A and D (Children), Re
The President was entitled to find, as a matter of fact, that the mother agreed to the twins going to Cameroon, the arrangement was open-ended, and the twins acquired habitual residence in Cameroon over 18 months. The English High Court had no jurisdiction over them under the Family Law Act 1986 or Council Regulation (EC) No 2201/2003, as the father did not unequivocally accept jurisdiction. The appeal is dismissed.
- Parties
- Appellant: ES; Respondent: AJ
- Jurisdiction
- England and Wales
- Judgment Date
- 17 March 2011
- Procedural Posture
- Family / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Habitual Residence, Wardship, Parental Responsibility, Forum Conveniens
Case Brief
Summary, issues, holding and outcome
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Parties
ES
Appellant
AJ
Respondent
Procedural Posture
Family / Appeal
Legal Issues
- 1 Whether the twins were habitually resident in England and Wales or Cameroon as at April 2010
- 2 Whether the English High Court had jurisdiction over the twins under the Family Law Act 1986 and Council Regulation (EC) No 2201/2003
- 3 Whether the mother acquiesced in the twins remaining in Cameroon
Ratio Decidendi
The President was entitled to find, as a matter of fact, that the mother agreed to the twins going to Cameroon, the arrangement was open-ended, and the twins acquired habitual residence in Cameroon over 18 months. The English High Court had no jurisdiction over them under the Family Law Act 1986 or Council Regulation (EC) No 2201/2003, as the father did not unequivocally accept jurisdiction. The appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- originating summons dismissed
- future of the twins to be decided by the courts of Cameroon
Full Case Text
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