The court considered a child who was a German national. He was taken by his mother out of England where they had been living and where they had their habitual residence. The mother was sole custodian of the child. On the application of the father the child was made a ward of court and the father applied for a declaration under the Hague Convention that the retention by the mother was wrongful.
Held: The court concluded that the English wardship court had jurisdiction over an alien child provided England or England and Wales is the habitual residence of the child.
Judges:
Eastham J
Citations:
[1993] 1 FLR 979
Jurisdiction:
England and Wales
Cited by:
Cited – In Re S (A Minor) (Abduction: European Convention) HL 30-Jul-1997
An illegitimate child’s habitual country of residence is determined at the date of death of his mother when he was to be removed following the death. Where the mother of an illegitimate child who is resident in England dies and the grandmother takes . .
Lists of cited by and citing cases may be incomplete.
Children, International
Updated: 15 August 2022; Ref: scu.181964