W (Children), Re [2002] EWCA Civ 715 (8 May 2002)

W (Children), Re [2002] EWCA Civ 715 (8 May 2002)

The judge's discretionary decisions on habitual residence and the return of the twins to California were justified on the unprecedented facts. The children had no habitual residence at the relevant time, and the judge was entitled to consider related authorities and the involvement of the Californian legal system. No evident error of law was found, and the trial judge's discretion should be respected.

Citation
[2002] EWCA Civ 715
Parties
Applicant: HB; Respondents: W & B
Jurisdiction
England and Wales
Judgment Date
08 May 2002
Procedural Posture
Family Law Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Application for permission to appeal dismissed
Legal Topics
Surrogacy, Habitual Residence, Child Custody, Jurisdiction, Hague Convention, Forum Conveniens
Family Law Private International Law Surrogacy Habitual Residence Child Custody Jurisdiction Hague Convention Forum Conveniens

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Parties

HB

Applicant

W & B

Respondents

Procedural Posture

Family Law Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the twins had habitual residence in California or England and Wales
  2. 2 Whether the English court should order the return of the twins to California under its inherent jurisdiction
  3. 3 Whether the welfare of the children was the paramount consideration

Ratio Decidendi

The judge's discretionary decisions on habitual residence and the return of the twins to California were justified on the unprecedented facts. The children had no habitual residence at the relevant time, and the judge was entitled to consider related authorities and the involvement of the Californian legal system. No evident error of law was found, and the trial judge's discretion should be respected.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application dismissed
  • Detailed assessment of the Applicant's costs