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 child, neither could unilaterally change the child’s habitual residence. The proper approach was a factual inquiry particular to the circumstances of each case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.
Richards, Black, Vos LJJ
[2014] EWCA Civ 1101, [2014] WLR(D) 343, [2015] 1 FLR 1132, [2014] 3 FCR 405, [2015] 1 WLR 863, [2014] Fam Law 1523
Bailii, WLRD
England and Wales
Cited by:
Cited – AR v RN (Scotland) SC 22-May-2015
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 . .
Lists of cited by and citing cases may be incomplete.
Children, International
Leading Case
Updated: 01 November 2021; Ref: scu.535399