J v E (Habitual Residence)

A was habitually resident in England and Wales at the date of the father's application; England and Wales is the more appropriate forum; it is in A's best interests to be returned to England and Wales pending determination of welfare issues.

Parties: Applicant: J; Respondent: E
Jurisdiction: England and Wales
Judgment Date: 11 October 2024
Procedural Posture: Family / Judgment After Rehearing on Habitual Residence, Forum, and Welfare
Outcome: Application granted; court has jurisdiction; stay refused; return order issued.
Legal Topics: Habitual Residence, Jurisdiction of Courts, Child Welfare, Forum Conveniens, Parens Patriae, Child Return Orders

Family Law Private International Law Habitual Residence Jurisdiction of Courts Child Welfare Forum Conveniens Parens Patriae Child Return Orders

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Parties

Applicant

Respondent

Procedural Posture

Family / Judgment After Rehearing on Habitual Residence, Forum, and Welfare

Legal Issues

1 Was A habitually resident in England and Wales at the date of the father's application?
2 Which jurisdiction is the appropriate forum for determining A's welfare?
3 Is it in A's best interests to be returned to England and Wales pending welfare determination?

Ratio Decidendi

Court Disposition

Application granted; court has jurisdiction; stay refused; return order issued.

Orders

Mother to return A to England and Wales no later than midnight on 22 February 2024 or earlier as agreed.
Further case management directions to be agreed; anticipated fact finding hearing before final welfare determination.