J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)

J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)

A's habitual residence in England and Wales was not lost by the covert removal; the reality of her life and connections outweighed the legal technicalities of the removal.

Citation
[2012] EWHC 3364 (Fam)
Parties
Applicant: Mr B; Respondents: Mr and Mrs E; Respondent: Ms J
Jurisdiction
England and Wales
Judgment Date
03 December 2012
Procedural Posture
Children Act 1989 Parental Responsibility and Inherent Jurisdiction Applications / Jurisdictional Determination
Outcome
Jurisdiction affirmed; court had authority to make orders.
Legal Topics
Habitual Residence, Jurisdiction, Parental Responsibility, Child Removal
Family Law International Child Law Habitual Residence Jurisdiction Parental Responsibility Child Removal

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Parties

Mr B

Applicant

Mr and Mrs E

Respondents

Ms J

Respondent

Procedural Posture

Children Act 1989 Parental Responsibility and Inherent Jurisdiction Applications / Jurisdictional Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction based on the child's habitual residence
  2. 2 Whether removal of the child complied with Children Act 1989 section 13
  3. 3 Effect of covert removal on habitual residence

Ratio Decidendi

A's habitual residence in England and Wales was not lost by the covert removal; the reality of her life and connections outweighed the legal technicalities of the removal.

Court Disposition

Jurisdiction affirmed; court had authority to make orders.

Orders

  • Court invites written submissions on further orders.