DD, Re (Inward Return Order)

DD, Re (Inward Return Order)

The court found that DD was habitually resident in England at the time of application, thus jurisdiction was established. Given DD's age, maturity, and clear, authentic wishes to remain in the USA, and absent any compelling welfare concerns, the court declined to make an inward return order and approved the consent order allowing DD to remain in the USA.

Parties
Applicant: LM; 1st Respondent: PT; 2nd Respondent: DD
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Wardship and Return Order Under Inherent Jurisdiction / Final Judgment Following Consent Order and Settlement
Outcome
Order granted as sought; no inward return order made; DD permitted to remain in the USA.
Legal Topics
Habitual Residence, Child Relocation, Inherent Jurisdiction, Children Act 1989, Welfare Principle, Return Orders
Family Law Child Law International Law Habitual Residence Child Relocation Inherent Jurisdiction Children Act 1989 Welfare Principle +1 more

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Parties

LM

Applicant

PT

1st Respondent

DD

2nd Respondent

Procedural Posture

Wardship and Return Order Under Inherent Jurisdiction / Final Judgment Following Consent Order and Settlement

Legal Issues

  1. 1 Whether the court has jurisdiction based on habitual residence
  2. 2 Whether an inward return order should be made for DD to return from the USA
  3. 3 Weight to be given to the wishes of a mature child

Ratio Decidendi

The court found that DD was habitually resident in England at the time of application, thus jurisdiction was established. Given DD's age, maturity, and clear, authentic wishes to remain in the USA, and absent any compelling welfare concerns, the court declined to make an inward return order and approved the consent order allowing DD to remain in the USA.

Court Disposition

Order granted as sought; no inward return order made; DD permitted to remain in the USA.

Orders

  • DD to remain living in the USA with her mother.
  • DD to spend time with her father in the UK during holidays.