WB v VM

WB v VM

The English court retains jurisdiction under s.1(1)(d) of the Family Law Act 1986 because the child was habitually resident in England and Wales at the date of the mother's application. The application encompasses more than a bare return order, including care and contact. However, a final determination on a return order is adjourned for less than 21 days to allow further mediation, as the evidence is not yet sufficient to conclude that an immediate return order is in the child's best interests.

Parties
Applicant: WB; Respondent: VM
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family Law Child Abduction / Return Order / Interlocutory Judgment on Jurisdiction and Adjournment for Mediation
Outcome
Adjournment for further mediation; no immediate return order made
Legal Topics
Child Abduction, Habitual Residence, Jurisdiction Under Family Law Act 1986, Return Orders, Inherent Jurisdiction
Family Law Private International Law Child Abduction Habitual Residence Jurisdiction Under Family Law Act 1986 Return Orders Inherent Jurisdiction

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Parties

WB

Applicant

VM

Respondent

Procedural Posture

Family Law Child Abduction / Return Order / Interlocutory Judgment on Jurisdiction and Adjournment for Mediation

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear the mother's application for a return order for the child removed to Jordan
  2. 2 Whether the child remained habitually resident in England and Wales at the relevant date
  3. 3 Whether the application falls within s.1(1)(d) of the Family Law Act 1986

Ratio Decidendi

The English court retains jurisdiction under s.1(1)(d) of the Family Law Act 1986 because the child was habitually resident in England and Wales at the date of the mother's application. The application encompasses more than a bare return order, including care and contact. However, a final determination on a return order is adjourned for less than 21 days to allow further mediation, as the evidence is not yet sufficient to conclude that an immediate return order is in the child's best interests.

Court Disposition

Adjournment for further mediation; no immediate return order made

Orders

  • Final determination on the return order adjourned for less than 21 days to allow parties to explore mediation
  • Matter to be relisted in the week commencing 19 February 2024 with a time estimate of 2 hours