Re X (Care Proceedings: Jurisdiction and Fact Finding) (Rev 1)

Re X (Care Proceedings: Jurisdiction and Fact Finding) (Rev 1)

The court found that X was habitually resident in England and Wales at all relevant times, establishing substantive jurisdiction under Article 8 of Brussels IIA. The existence of Tennessee court orders did not alter this conclusion. The fact-finding hearing was discontinued as it was disproportionate and contrary to X's welfare, given party concessions and the plan for X to return to the USA. Final orders were made for X to live with her half-sister, EF, in Michigan.

Parties
Applicant: Local Authority; Respondent: Father; Respondent: Mother; Respondent: Stepmother (AB); Subject: X (child); Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
19 October 2020
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Final orders made; care proceedings concluded; X to live with half-sister in USA.
Legal Topics
Habitual Residence, Jurisdiction, Forum Conveniens, Parental Responsibility, Child Arrangements, Recognition of Foreign Orders, Case Management, Mental Health in Parenting
Family Law Child Welfare International Jurisdiction Habitual Residence Jurisdiction Forum Conveniens Parental Responsibility Child Arrangements +3 more

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Parties

Local Authority

Applicant

Father

Respondent

Mother

Respondent

Stepmother (AB)

Respondent

X (child)

Subject

Children’s Guardian

Guardian

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Which court has jurisdiction to determine X's welfare?
  2. 2 Where is X habitually resident?
  3. 3 Should the fact-finding hearing continue or be discontinued?

Ratio Decidendi

The court found that X was habitually resident in England and Wales at all relevant times, establishing substantive jurisdiction under Article 8 of Brussels IIA. The existence of Tennessee court orders did not alter this conclusion. The fact-finding hearing was discontinued as it was disproportionate and contrary to X's welfare, given party concessions and the plan for X to return to the USA. Final orders were made for X to live with her half-sister, EF, in Michigan.

Court Disposition

Final orders made; care proceedings concluded; X to live with half-sister in USA.

Orders

  • Order for X to live with EF and her husband in Michigan, USA.
  • Discharge of child arrangements order for X to live with stepmother.