HF, KF and LF (Children) (Habitual Residence), Re
The court has jurisdiction because the children remained habitually resident in England and Wales at the relevant dates and were wrongfully retained by the father; the mother did not acquiesce, and proceedings were brought within 12 months. England and Wales is the appropriate forum for determination.
- Parties
- Applicant: MF; Respondent: FF
- Jurisdiction
- England and Wales
- Judgment Date
- 17 December 2025
- Procedural Posture
- Family / Preliminary Jurisdiction Determination
- Outcome
- Jurisdiction affirmed; proceedings to continue in England and Wales.
- Legal Topics
- Habitual Residence, Jurisdiction, Wrongful Retention, Forum Conveniens
Case Brief
Summary, issues, holding and outcome
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Parties
MF
Applicant
FF
Respondent
Procedural Posture
Family / Preliminary Jurisdiction Determination
Legal Issues
- 1 Whether the English court has jurisdiction over the children based on habitual residence
- 2 Whether the children were wrongfully removed or retained under Article 7 of the 1996 Hague Convention
- 3 Whether England and Wales is the appropriate forum for the dispute
Ratio Decidendi
The court has jurisdiction because the children remained habitually resident in England and Wales at the relevant dates and were wrongfully retained by the father; the mother did not acquiesce, and proceedings were brought within 12 months. England and Wales is the appropriate forum for determination.
Court Disposition
Jurisdiction affirmed; proceedings to continue in England and Wales.
Orders
- Parties to agree draft directions order for further determination; if not possible, matter to be relisted for directions hearing.
Full Case Text
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