KH v MB

KH v MB

L was not habitually resident in England at the time of removal; his habitual residence shifted from Morocco to Algeria. Compelling circumstances exist—ongoing harm from separation from his mother, inability to restore maternal relationship, and lack of effective remedy in Algeria—necessitating exercise of parens patriae jurisdiction and a return order to England.

Parties
Applicant: KH; Respondent: MB
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Final Judgment
Outcome
Return order granted under inherent jurisdiction; L to be returned from Algeria to England and Wales.
Legal Topics
Habitual Residence, Parens Patriae Jurisdiction, Child Welfare, Jurisdictional Disputes
Family Law International Child Abduction Habitual Residence Parens Patriae Jurisdiction Child Welfare Jurisdictional Disputes

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Parties

KH

Applicant

MB

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Was L habitually resident in England and Wales at the time of his removal?
  2. 2 Should the court exercise parens patriae jurisdiction to order L's return from Algeria?
  3. 3 Are there sufficiently compelling circumstances to justify a return order under inherent jurisdiction?

Ratio Decidendi

L was not habitually resident in England at the time of removal; his habitual residence shifted from Morocco to Algeria. Compelling circumstances exist—ongoing harm from separation from his mother, inability to restore maternal relationship, and lack of effective remedy in Algeria—necessitating exercise of parens patriae jurisdiction and a return order to England.

Court Disposition

Return order granted under inherent jurisdiction; L to be returned from Algeria to England and Wales.

Orders

  • L to be returned from Algeria to England and Wales.
  • If practical arrangements cannot be agreed, parties to make submissions for directions.