SS v MCP

SS v MCP

The applicant failed to demonstrate sufficiently compelling circumstances or crisis to justify the exercise of the court's protective jurisdiction. The English court lacks jurisdiction to order the child's return or contact, as the child is habitually resident in India and no applicable international convention or...

Source-derived case information.

Parties
Applicant: SS; Respondent: MCP
Jurisdiction
England and Wales
Judgment Date
03 November 2021
Procedural Posture
Family / Final Judgment
Outcome
Application dismissed
Legal Topics
Jurisdiction, Wardship, Parens Patriae, Child Abduction, Habitual Residence
Family Law International Child Law Jurisdiction Wardship Parens Patriae Child Abduction Habitual Residence

Source-derived case record

Summary, issues, holding and outcome

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Parties

SS

Applicant

MCP

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction to order the return of a child habitually resident in India
  2. 2 Whether the parens patriae jurisdiction can be exercised to require the return of the child
  3. 3 Whether the substantive threshold for exercising inherent jurisdiction is met

Ratio Decidendi

The applicant failed to demonstrate sufficiently compelling circumstances or crisis to justify the exercise of the court's protective jurisdiction. The English court lacks jurisdiction to order the child's return or contact, as the child is habitually resident in India and no applicable international convention or statutory ground confers jurisdiction.

Court Disposition

Application dismissed

Orders

  • Father's application dated 4 August 2020 is dismissed
  • Child ceases to be a ward of court