A stateless child was taken by his father away from the mother in England to Israel.
Held: The wardship jurisdiction of the Court of Chancery extended to any child ‘ordinarily resident’ in this country. An infant of British nationality whether he is in or outside this country, owes a duty of allegiance to the Sovereign and so is entitled to protection.
Lord Denning MR spoke of the ordinary residence of ‘a child of tender years who cannot decide for himself where to live’: ‘So long as the father and mother are living together in the matrimonial home, the child’s ordinary residence is the home – and it is still his ordinary residence, even while he is away at boarding school. It is his base, from whence he goes out and to which he returns . . ‘
. . And ‘The court here always retains a jurisdiction over a British subject wherever he may be, though it will only exercise it abroad where the circumstances clearly warrant it: see Hope v Hope (1854) 4 De GM and G 328; In Re Willoughby (1885) 30 Ch D 324; R v Sandbach Justices, ex p Smith [1951] 1 KB 62.’
and: ‘The Crown protects every child who has his home here and will protect him in respect of his home. It will not permit anyone to kidnap the child and spirit it out of the realm. Not even its father or mother can be allowed to do so without the consent of the other. The kidnapper cannot escape the jurisdiction of the court by such a stratagem.’
Judges:
Lord Denning MR, Pearson LJ
Citations:
[1965] Ch 568
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Waltham Forest, Ex parte Vale 11-Feb-1985
The court had to decide what was the ordinary reference under the 1948 of an adult without capacity. V had been in residential care in Ireland for over 20 years, but having left there had been with her mother for two weeks. The parties argued the . .
Cited – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council SC 8-Jul-2015
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was . .
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 – 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
Updated: 16 August 2022; Ref: scu.588974