F (A Child), Re

F (A Child), Re

The appeal was allowed because the judge failed to apply the correct legal test for habitual residence, did not provide adequate reasons, and determined the issue without notice to or participation by the father, thereby denying procedural fairness.

Parties
Subject Child: F (A Child); Applicant: Father; Respondent: Mother; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Care Proceedings (child Protection) / Appeal Against Order Determining Habitual Residence and Jurisdiction
Outcome
Appeal allowed; permission to appeal granted out of time; matter remitted for rehearing before a different judge.
Legal Topics
Habitual Residence, Jurisdiction Under Brussels II Revised (biir), Care Proceedings, Delay in Proceedings, Procedural Fairness
Family Law Child Law Jurisdiction Habitual Residence Jurisdiction Under Brussels II Revised (biir) Care Proceedings Delay in Proceedings Procedural Fairness

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Parties

F (A Child)

Subject Child

Father

Applicant

Mother

Respondent

Local Authority

Respondent

Procedural Posture

Care Proceedings (child Protection) / Appeal Against Order Determining Habitual Residence and Jurisdiction

Legal Issues

  1. 1 Whether the High Court was correct in finding F habitually resident in England and Wales at the relevant date
  2. 2 Whether the proper test for habitual residence was applied
  3. 3 Whether the father was denied procedural fairness in the determination of habitual residence

Ratio Decidendi

The appeal was allowed because the judge failed to apply the correct legal test for habitual residence, did not provide adequate reasons, and determined the issue without notice to or participation by the father, thereby denying procedural fairness.

Court Disposition

Appeal allowed; permission to appeal granted out of time; matter remitted for rehearing before a different judge.

Orders

  • Father's time for appealing extended
  • Permission to appeal granted