QS v RS & Anor [2016] EWHC 2470 (Fam) (10 October 2016)

QS v RS & Anor [2016] EWHC 2470 (Fam) (10 October 2016)

The court cannot recognise T's Nepalese adoption at common law because, at the time of adoption, neither parent was domiciled or habitually resident in Nepal, failing the status conditions required by English law. Consequently, a declaration under s 57 Family Law Act 1986 cannot be made. On welfare, T's best interests are served by remaining with her father in Dubai, given her settled circumstances, positive relationship with her father, and the mother's inability to prioritise T's needs above her own.

Citation
[2016] EWHC 2470 (Fam)
Parties
Applicant: QS; First Respondent: RS; Second Respondent: T (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
10 October 2016
Procedural Posture
Family Law Child Welfare and Adoption / Final Hearing and Judgment
Outcome
Application for recognition of foreign adoption and declaration under s 57 Family Law Act 1986 refused; child to remain living with father in Dubai.
Legal Topics
Recognition of Foreign Adoption, Child Welfare, Habitual Residence, Domicile, Parental Responsibility
Family Law Private International Law Recognition of Foreign Adoption Child Welfare Habitual Residence Domicile Parental Responsibility

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Parties

QS

Applicant

RS

First Respondent

T (by her Children's Guardian)

Second Respondent

Procedural Posture

Family Law Child Welfare and Adoption / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the court can and should recognise T's foreign adoption at common law and make a declaration regarding her status as the adopted child of the parents under s 57 Family Law Act 1986
  2. 2 With which parent T should live and what arrangements should be made for contact with the non-resident parent

Ratio Decidendi

The court cannot recognise T's Nepalese adoption at common law because, at the time of adoption, neither parent was domiciled or habitually resident in Nepal, failing the status conditions required by English law. Consequently, a declaration under s 57 Family Law Act 1986 cannot be made. On welfare, T's best interests are served by remaining with her father in Dubai, given her settled circumstances, positive relationship with her father, and the mother's inability to prioritise T's needs above her own.

Court Disposition

Application for recognition of foreign adoption and declaration under s 57 Family Law Act 1986 refused; child to remain living with father in Dubai.

Orders

  • Refusal to recognise Nepalese adoption at common law and to make a declaration under s 57 Family Law Act 1986.
  • Child arrangements order: T to live with her father in Dubai; arrangements for contact with mother to be determined in accordance with T's welfare.