The court was asked whether it should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arose under article 3 of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as incorporated into the law of the United Kingdom by the Child Abduction and Custody Act 1985. The Inner House had concluded that Scotland had become the habitual residence of the children, and they should be returned to France.
Held: The Father’s appeal failed. The major characteristice of an habitual residence was not the degree of permanence, but rather the stability of that residence.
Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Reed, Lord Hughes
[2015] UKSC 35, [2015] 2 FCR 570, [2015] 2 FLR 503, 2015 Fam LR 54, [2015] 3 All ER 749, 2015 SLT 392, [2016] AC 760, [2015] Fam Law 777, 2015 GWD 17-289, 2015 SCLR 471, [2015] 2 WLR 1583, UKSC 2015/0048
Bailii, Bailii Summary, SC, SC Summary
Child Abduction and Custody Act 1985
Scotland
Citing:
Appeal from – AR, Re An Order Under The Child Abduction and Custody Act 1985 SCS 14-Nov-2014
(Extra Division, Inner House – Opinion of Lord Malcolm) – appeal in application for order of return of two children to their father in France. The partis disputed whether Scotland had become habitually resident in Scotland, and also whether the . .
Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Cited – Re KL (A Child) SC 4-Dec-2013
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a . .
At Outer House – In Re AR (An Order Under The Child Abduction And Custody Act 1985) SCS 17-Jun-2014
The two girls were with their mother in Scotland. The father, living in France, sought their return to France:
Held: The court granted the father’s application. The Lord Ordinary: ‘After considering all the relevant evidence I am satisfied . .
Cited – A (Area of Freedom, Security and Justice) ECJ 2-Apr-2009
ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 . .
Cited – Mercredi v Richard Chaffe (Area of Freedom, Security And Justice) ECJ 22-Dec-2010
ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – . .
Cited – In Re H (Children) (Custody Rights: Jurisdiction) CA 29-Jul-2014
The father appealed against refusal of an order requiring the mother of his children to return them to this country from Bangladesh.
Held: The appeal failed. There is no longer any rule that where two parents had parental responsibility for a . .
Cited – C v M ECJ 9-Oct-2014
ECJ (Judgment) Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Hague Convention of 25 October 1980 on the civil . .
Cited by:
Cited – Re B (A Child) SC 3-Feb-2016
Habitual Residence of Child not lost
(Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The . .
Lists of cited by and citing cases may be incomplete.
Children, International
Updated: 11 November 2021; Ref: scu.547067
