SA v AA

SA v AA

The High Court retains jurisdiction under Article 7 of the Hague Convention 1996 and section 8 of the Children Act 1989 because the children were wrongfully retained in Somaliland without the mother's acquiescence and within 12 months of the application. The children have not acquired habitual residence in Somaliland. The mother was tricked into signing the relocation consent form. The children's welfare, wishes, and risks (especially to CA) require their immediate return to the UK and the making of protective orders.

Parties
Applicant: SA; Respondent: AA
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Children Act Proceedings (private Law) / Final Judgment on Application for Return of Children and Protective Orders
Outcome
Application granted
Legal Topics
Child Abduction, Habitual Residence, Jurisdiction Under Hague Convention, Return Orders, Female Genital Mutilation (fgm), Forced Marriage Protection, Parental Responsibility
Family Law International Child Law Child Abduction Habitual Residence Jurisdiction Under Hague Convention Return Orders Female Genital Mutilation (fgm) Forced Marriage Protection +1 more

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Parties

SA

Applicant

AA

Respondent

Procedural Posture

Children Act Proceedings (private Law) / Final Judgment on Application for Return of Children and Protective Orders

Legal Issues

  1. 1 Whether the High Court of England and Wales has jurisdiction to order the return of children wrongfully retained in Somaliland under the Children Act 1989 and the Hague Convention 1996
  2. 2 Whether the mother acquiesced in the removal/retention of the children
  3. 3 Whether the children have acquired habitual residence in Somaliland

Ratio Decidendi

The High Court retains jurisdiction under Article 7 of the Hague Convention 1996 and section 8 of the Children Act 1989 because the children were wrongfully retained in Somaliland without the mother's acquiescence and within 12 months of the application. The children have not acquired habitual residence in Somaliland. The mother was tricked into signing the relocation consent form. The children's welfare, wishes, and risks (especially to CA) require their immediate return to the UK and the making of protective orders.

Court Disposition

Application granted

Orders

  • Immediate return order for the children to the UK
  • Forced marriage protection order in respect of CA