The family had moved to Australia from England. Within weeks the father moved out of the house at the mother’s suggestion. The father took the child to England on 10 July. Johnson J had held at first instance that by 21 May the family were habitually resident in Australia. That finding was challenged on appeal.
Held: The appeal was dismissed.
Butler-Sloss LJ said: The judge was entitled to make the finding that the family did intend to emigrate from the UK and settle in Australia. With that settled intention, a month can be, as I believe it to be in this case, an appreciable period of time. Looking realistically at the position of A (the child), by the time he left Sydney on the 10 July 1991, he had been a resident in Australia for the substantial period of nearly 3 months.’
Judges:
Butler-Sloss LJ
Citations:
(1992) 1 FLR 548
Statutes:
Child Abduction and Custody Act 1985
Jurisdiction:
England and Wales
Cited by:
Cited – W v F FD 4-Apr-2007
Application by father for summary return of son to the USA. The mother said that the father had consented to his removal and acquiesced in his stay here.
Held: The mother had a settled intention to remain in the US when she first arrived, but . .
Cited – Re 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 . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 15 May 2022; Ref: scu.268696
