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 the child to Ireland, the child remains resident in England.
Judges:
Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Nolan, Lord Nicholls of Birkenhead, Lord Hutton
Citations:
Gazette 10-Sep-1997, Times 30-Jul-1997, [1997] UKHL 32, [1998] AC 750, [1997] 4 All ER 251, [1997] 3 WLR 597, [1998] 1 FLR 122, [1997] Fam Law 782, [1997] 3 FCR 293
Links:
Statutes:
Hague Convention on the Civil Aspects of International Child Abduction 1980, Child Abduction and Custody Act 1985 12(2), Family Law Act 1986 1
Jurisdiction:
England and Wales
Citing:
Cited – In re P (GE) (An infant) CA 1965
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 . .
Cited – In re J (a Minor) (Abduction: Custody rights) HL 1-Jul-1990
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia . .
Cited – In re B-M (Wardship: Jurisdiction) FD 1993
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 . .
Cited – In Re H (Minors) (Abduction: Custody Rights) HL 1991
The House addressed the question whether wrongful removal and wrongful retention were mutually exclusive concepts. The issue arose in the context of the commencement date for the 1985 Act as between the two States involved.
Held: For the . .
Cited – F v S (Wardship: Jurisdiction) FD 1991
. .
Cited – In Re H (Minors) (Abduction: Custody Rights) HL 1991
The House addressed the question whether wrongful removal and wrongful retention were mutually exclusive concepts. The issue arose in the context of the commencement date for the 1985 Act as between the two States involved.
Held: For the . .
Cited – F v S (Wardship: Jurisdiction) CA 1993
. .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 15 August 2022; Ref: scu.82159
