J & H (Jurisdiction: 1996 Hague Convention : residual domestic jurisdiction: parental responsibility jurisdiction), Re

J & H (Jurisdiction: 1996 Hague Convention : residual domestic jurisdiction: parental responsibility jurisdiction), Re

Nora was habitually resident in England at the relevant date of the wardship application, conferring jurisdiction on the English court under Article 5 of the 1996 Hague Convention and domestic law. The court has jurisdiction to determine parental responsibility for Nora and, under parens patriae, potentially for...

Source-derived case information.

Parties
Applicant: J; Respondent: H
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Family / Fact Finding Judgment
Outcome
Jurisdiction established for Nora; further evidence required before substantive orders. Children joined as parties.
Legal Topics
Jurisdiction, Parental Responsibility, Habitual Residence, Child Welfare, Domestic Abuse, Transnational Marriage Abandonment
Family Law Private International Law Jurisdiction Parental Responsibility Habitual Residence Child Welfare Domestic Abuse Transnational Marriage Abandonment

Source-derived case record

Summary, issues, holding and outcome

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Parties

J

Applicant

H

Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction over Nora and Felicity under the 1996 Hague Convention or residual domestic law
  2. 2 Whether the father should be granted parental responsibility for Nora and Felicity
  3. 3 Whether Nora should be returned to England

Ratio Decidendi

Nora was habitually resident in England at the relevant date of the wardship application, conferring jurisdiction on the English court under Article 5 of the 1996 Hague Convention and domestic law. The court has jurisdiction to determine parental responsibility for Nora and, under parens patriae, potentially for Felicity, but further welfare evidence is required before substantive orders are made.

Court Disposition

Jurisdiction established for Nora; further evidence required before substantive orders. Children joined as parties.

Orders

  • Children joined as parties for separate representation
  • Further directions to consider additional evidence, including potential expert and social work evidence