KD v AM & Ors

KD v AM & Ors

At the time the court was seised in January 2018, T was habitually resident in the US due to integration and stability in his environment there. However, the court retains jurisdiction under Article 12 as all parties unequivocally accepted it, there is substantial connection, and the best interests of the child are served by ongoing proceedings in England and Wales.

Parties
Applicant: KD; 1st Respondent: AM; 2nd Respondent: T (Through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
10 August 2018
Procedural Posture
Family / Jurisdiction Determination
Outcome
Court retains jurisdiction; T's habitual residence is in the US but proceedings remain in England and Wales under Article 12.
Legal Topics
Jurisdiction, Habitual Residence, Parental Responsibility, Leave to Remove, Prorogation Under Article 12
Family Law International Child Law Jurisdiction Habitual Residence Parental Responsibility Leave to Remove Prorogation Under Article 12

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

KD

Applicant

AM

1st Respondent

T (Through his Children’s Guardian)

2nd Respondent

Procedural Posture

Family / Jurisdiction Determination

Legal Issues

  1. 1 Whether the court has jurisdiction to make orders concerning parental responsibility for T
  2. 2 Determination of T's habitual residence
  3. 3 Application of Article 12 prorogation

Ratio Decidendi

At the time the court was seised in January 2018, T was habitually resident in the US due to integration and stability in his environment there. However, the court retains jurisdiction under Article 12 as all parties unequivocally accepted it, there is substantial connection, and the best interests of the child are served by ongoing proceedings in England and Wales.

Court Disposition

Court retains jurisdiction; T's habitual residence is in the US but proceedings remain in England and Wales under Article 12.

Orders

  • Jurisdiction determined in favour of England and Wales.
  • Case management to proceed for substantive hearing.