X Council v S

X Council v S

K did not lose habitual residence in England and Wales by departure to Ireland; the parents lacked settled intention for permanent relocation, were themselves habitually resident in England, and K was subject to child protection procedures. The English court retains jurisdiction.

Source-derived case information.

Parties
Applicant: X Council; Respondent: S; Mother: FS; Father: AS; Maternal Grandmother: MS
Jurisdiction
England and Wales
Judgment Date
21 May 2010
Procedural Posture
Care Proceedings / Jurisdiction Determination
Outcome
Jurisdiction affirmed; orders for return of child K to England and Wales.
Legal Topics
Habitual Residence, Jurisdiction, Child Protection Procedures, Brussels II Regulation
Family Law Child Protection International Law Habitual Residence Jurisdiction Child Protection Procedures Brussels II Regulation

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Parties

X Council

Applicant

S

Respondent

FS

Mother

AS

Father

MS

Maternal Grandmother

Procedural Posture

Care Proceedings / Jurisdiction Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction over child K after his removal to Ireland
  2. 2 Whether K lost habitual residence in England and Wales upon departure
  3. 3 Whether parents could unilaterally change K's habitual residence while subject to child protection arrangements

Ratio Decidendi

K did not lose habitual residence in England and Wales by departure to Ireland; the parents lacked settled intention for permanent relocation, were themselves habitually resident in England, and K was subject to child protection procedures. The English court retains jurisdiction.

Court Disposition

Jurisdiction affirmed; orders for return of child K to England and Wales.

Orders

  • Request to Southern Ireland authorities for expedited repatriation of child K to England and Wales.
  • Orders for K's return to this jurisdiction for welfare protection and court proceedings.