M had returned to the UK with her child on the strength of a US court order. F appealed successfully and now sought an order from the UK court for the return of the child.
Held: F’s appeal against refusal of an order failed. Acting under the court order M had acted lawfully, and the later reversal of that order did not work to make the removal unlawful. The court noted that the report in English of the Mercredi case included the word permanent as a condition of ‘habitual residence’, but the original word used in French was ‘stabilite’ which did not carry the same connotation.
Thorpe, Arden, Beatson LJJ
[2013] EWCA Civ 865, [2013] WLR(D) 285
Bailii, WLRD
Child Abduction and Custody Act 1985 Sch 1
England and Wales
Citing:
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 by:
Appeal from – 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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Children, International
Updated: 17 November 2021; Ref: scu.513393
