CB (Habitual Residence: Child Born and Present Abroad), Re

CB (Habitual Residence: Child Born and Present Abroad), Re

CB was habitually resident in Spain at the relevant date, having never been present in England and Wales and being integrated into the Spanish environment. The English court has no jurisdiction under the 1996 Hague Convention or the Family Law Act 1986, and there are no compelling circumstances to exercise parens patriae jurisdiction. The Spanish authorities are best placed to determine CB's welfare.

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
Family / Jurisdictional Preliminary Issue Determination
Outcome
Application dismissed for lack of jurisdiction and absence of compelling circumstances to exercise parens patriae jurisdiction.
Legal Topics
Habitual Residence, Jurisdiction of the Court, Parens Patriae, Child Protection, Hague Convention 1996, Inherent Jurisdiction
Family Law Private International Law Habitual Residence Jurisdiction of the Court Parens Patriae Child Protection Hague Convention 1996 Inherent Jurisdiction

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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

Family / Jurisdictional Preliminary Issue 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 should exercise jurisdiction under the 1996 Hague Convention or parens patriae
  3. 3 Whether to request transfer of jurisdiction from Spain to England under Article 9 of the 1996 Hague Convention

Ratio Decidendi

CB was habitually resident in Spain at the relevant date, having never been present in England and Wales and being integrated into the Spanish environment. The English court has no jurisdiction under the 1996 Hague Convention or the Family Law Act 1986, and there are no compelling circumstances to exercise parens patriae jurisdiction. The Spanish authorities are best placed to determine CB's welfare.

Court Disposition

Application dismissed for lack of jurisdiction and absence of compelling circumstances to exercise parens patriae jurisdiction.

Orders

  • Application dismissed
  • No transfer of jurisdiction requested under Article 9 of the 1996 Hague Convention