CB (Habitual Residence: Child Born and Present Abroad), Re [2025] EWHC 1712 (Fam) (07 July 2025)

CB (Habitual Residence: Child Born and Present Abroad), Re [2025] EWHC 1712 (Fam) (07 July 2025)

CB was habitually resident in Spain at the relevant date, having never been present in England and Wales and being integrated in Spain; therefore, the English court had no jurisdiction under the 1996 Hague Convention or Family Law Act 1986, and there were no compelling circumstances to exercise parens patriae jurisdiction.

Citation
[2025] EWHC 1712 (Fam)
Parties
Applicant: MB; First Respondent: Government of Andalusia; Second Respondent: FB; First Intervenor: Birmingham Children's Trust; Second Intervenor: London Borough of Enfield
Jurisdiction
England and Wales
Judgment Date
07 July 2025
Procedural Posture
Inherent Jurisdiction Application (family Division) / Jurisdictional Preliminary Issue and Final Determination
Outcome
Application dismissed
Legal Topics
Habitual Residence, Jurisdiction of the Court, Parens Patriae, Child Protection, International Child Abduction, Hague Convention 1996
Family Law Private International Law Habitual Residence Jurisdiction of the Court Parens Patriae Child Protection International Child Abduction Hague Convention 1996

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Parties

MB

Applicant

Government of Andalusia

First Respondent

FB

Second Respondent

Birmingham Children's Trust

First Intervenor

London Borough of Enfield

Second Intervenor

Procedural Posture

Inherent Jurisdiction Application (family Division) / Jurisdictional Preliminary Issue and Final Determination

Legal Issues

  1. 1 Whether CB was habitually resident in England and Wales or Spain at the time proceedings were issued
  2. 2 Whether the English court had jurisdiction under the 1996 Hague Convention or Family Law Act 1986
  3. 3 Whether the court should exercise its parens patriae jurisdiction

Ratio Decidendi

CB was habitually resident in Spain at the relevant date, having never been present in England and Wales and being integrated in Spain; therefore, the English court had no jurisdiction under the 1996 Hague Convention or Family Law Act 1986, and there were no compelling circumstances to exercise parens patriae jurisdiction.

Court Disposition

Application dismissed

Orders

  • Application for wardship and return of CB to England dismissed
  • No transfer of jurisdiction under Article 9 of the 1996 Hague Convention