HF, KF and LF (Children) (Habitual Residence) [2025] EWHC 3306 (Fam) (17 December 2025)

HF, KF and LF (Children) (Habitual Residence) [2025] EWHC 3306 (Fam) (17 December 2025)

The court retains jurisdiction because the children did not lose their habitual residence in England and Wales as of the relevant dates; the father failed to discharge the burden of proving a change in habitual residence; the children were wrongfully retained by the father; the mother did not acquiesce; and England and Wales is the appropriate forum for the dispute.

Citation
[2025] EWHC 3306 (Fam)
Parties
Applicant: MF; Respondent: FF
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Family Law Inherent Jurisdiction Application for Summary Return of Children / Preliminary Determination of Jurisdiction and Forum Conveniens
Outcome
Jurisdiction retained by the High Court of England and Wales; proceedings not stayed on forum conveniens grounds.
Legal Topics
Habitual Residence, Jurisdiction Under 1996 Hague Convention, Wrongful Retention of Children, Forum Conveniens, Parental Responsibility
Family Law Private International Law Habitual Residence Jurisdiction Under 1996 Hague Convention Wrongful Retention of Children Forum Conveniens Parental Responsibility

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Parties

MF

Applicant

FF

Respondent

Procedural Posture

Family Law Inherent Jurisdiction Application for Summary Return of Children / Preliminary Determination of Jurisdiction and Forum Conveniens

Legal Issues

  1. 1 Whether the High Court of England and Wales has jurisdiction to determine the mother's application for the return of the children under the inherent jurisdiction and/or the 1996 Hague Convention
  2. 2 Whether the children were habitually resident in England and Wales at the relevant dates
  3. 3 Whether the children were wrongfully retained by the father

Ratio Decidendi

The court retains jurisdiction because the children did not lose their habitual residence in England and Wales as of the relevant dates; the father failed to discharge the burden of proving a change in habitual residence; the children were wrongfully retained by the father; the mother did not acquiesce; and England and Wales is the appropriate forum for the dispute.

Court Disposition

Jurisdiction retained by the High Court of England and Wales; proceedings not stayed on forum conveniens grounds.

Orders

  • Parties to agree a draft directions order for further determination of the mother's application.
  • If agreement is not possible, matter to be relisted for a directions hearing.