L v C (Applications by non-biological mother) [2014] EWFC 1 (02 May 2014)

L v C (Applications by non-biological mother) [2014] EWFC 1 (02 May 2014)

The English court lacked jurisdiction to entertain Ms L's Children Act applications because G was habitually resident in Ireland at the time of application. However, the court had jurisdiction to make a declaration as to the existence of family life under Article 8 ECHR, as the relevant events occurred in England and such a declaration would serve a useful purpose. The application for a declaration of psychological parenthood was refused as not apt for judicial declaration.

Citation
[2014] EWFC 1
Parties
Applicant: Ms L; Respondent: Ms C
Jurisdiction
England and Wales
Judgment Date
02 May 2014
Procedural Posture
Family Law Children / Judgment After Hearing on Jurisdiction and Declaratory Relief
Outcome
Children Act applications dismissed for want of jurisdiction; declaration of family life under Article 8 ECHR granted.
Legal Topics
Parental Responsibility, Habitual Residence, Article 8 ECHR, Declarations of Family Life, Jurisdiction, Same Sex Parenting, Artificial Conception
Family Law Human Rights Law Private International Law Parental Responsibility Habitual Residence Article 8 ECHR Declarations of Family Life Jurisdiction +2 more

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Parties

Ms L

Applicant

Ms C

Respondent

Procedural Posture

Family Law Children / Judgment After Hearing on Jurisdiction and Declaratory Relief

Legal Issues

  1. 1 Whether the English court has jurisdiction to entertain applications for residence and contact orders under the Children Act 1989 in respect of a child removed to Ireland by her biological mother
  2. 2 Whether the English court can make a free-standing declaration of family life under Article 8 ECHR in the absence of substantive proceedings
  3. 3 Whether a declaration of 'psychological parenthood' is an apt subject for judicial declaration

Ratio Decidendi

The English court lacked jurisdiction to entertain Ms L's Children Act applications because G was habitually resident in Ireland at the time of application. However, the court had jurisdiction to make a declaration as to the existence of family life under Article 8 ECHR, as the relevant events occurred in England and such a declaration would serve a useful purpose. The application for a declaration of psychological parenthood was refused as not apt for judicial declaration.

Court Disposition

Children Act applications dismissed for want of jurisdiction; declaration of family life under Article 8 ECHR granted.

Orders

  • Declaration that at the date of G's removal from England on 3 January 2014, family life within the meaning of Article 8 ECHR existed between G and Ms L.
  • Application for declaration of psychological parenthood refused.