M (Children : Habitual Residence : 1980 Hague Child Abduction Convention): CA 25 Aug 2020

F sought the return of his children to Germany. They had lived there, but brought to the UK by M with F’s consent. She stayed for a year, and the court now considered where was their habitual residence. The judge considered that they had not lost their habitual residence in Germany. M appealed.
Held: M’s appeal succeeded.


Moylan, Simler LJJ, Sir Stephen Richards


[2020] EWCA Civ 1105, [2020] WLR(D) 481


Bailii, WLRD


England and Wales


CitedRe B (A Child) SC 3-Feb-2016
Habitual Residence of Child not lost
(Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The . .
CitedA 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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 06 February 2022; Ref: scu.653362