Re: R (A Child) v (Transcript of the Handed Down Judgment Of

Re: R (A Child) v (Transcript of the Handed Down Judgment Of

The judge was entitled, on the evidence, to find that the mother never lost her habitual residence in the UK, and that the child’s habitual residence followed hers, given the lack of integration in Morocco and the mother’s enduring connection to the UK. The judge’s conclusion was not perverse or contrary to law, and the appeal fails.

Parties
Subject Child: S (a child); Respondent: Mother; Appellant: Father; Interested Party: Children’s Guardian; Local Authority: London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
02 July 2015
Procedural Posture
Public Law Child Care Proceedings / Appeal From High Court (family Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Habitual Residence, Jurisdiction Under Brussels Iia, Child Protection, Care Proceedings
Family Law International Private Law Habitual Residence Jurisdiction Under Brussels Iia Child Protection Care Proceedings

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Parties

S (a child)

Subject Child

Mother

Respondent

Father

Appellant

Children’s Guardian

Interested Party

London Borough of Hackney

Local Authority

Procedural Posture

Public Law Child Care Proceedings / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Family Court in England and Wales had jurisdiction under Children Act 1989, Part 4, based on the child's habitual residence
  2. 2 Whether the judge erred in finding the child habitually resident in the UK throughout her life

Ratio Decidendi

The judge was entitled, on the evidence, to find that the mother never lost her habitual residence in the UK, and that the child’s habitual residence followed hers, given the lack of integration in Morocco and the mother’s enduring connection to the UK. The judge’s conclusion was not perverse or contrary to law, and the appeal fails.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed; the judge’s determination of habitual residence is upheld.