A pregnant 17 year old Slovakian girl ran away from a children’s home in Slovakia and gave birth to the baby in the UK.
Held: Although the court decided to transfer the case to Slovakia under article 15, Mostyn J said: ‘It is not disputed that the mother’s habitual residence is Slovakia and this must be so in circumstances where she is subject to a Slovakian care order, came here on false papers, and intends to return. Were I considering the issue from first principles I would instinctively conclude that an infant’s habitual residence derives from his mother. However, it is a fact that T has not spent a day of his existence in his homeland.’
Mostyn J
[2013] 2 WLR 1263, [2013] Fam 253, [2013] Fam Law 788, [2013] 2 FLR 909, [2013] EWHC 521 (Fam)
Bailii
England and Wales
Cited by:
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 N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .
These lists may be incomplete.
Updated: 09 July 2021; Ref: scu.471937 br>