The Law Reports (Appeal Cases)
[2014] AC 1
Supreme Court
A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening)
[2013] UKSC 60
2013 July 22,
23;
Sept 9
Baroness Hale of Richmond DPSC, Lord Wilson, Lord Reed, Lord Hughes, Lord Toulson JJSC
Children— Custody rights— Jurisdiction— Habitual residence— Three children born in England— Father removing children from mother while family on holiday in Pakistan and keeping them there without mother’s consent— Fourth child born in Pakistan while mother forcibly detained there by father— Father thwarting mother’s attempt to bring all children to England— Mother applying to English court for order for return of children— Whether child born in Pakistan acquiring on birth habitual residence in England— Whether prior physical presence in England necessary prerequisite of finding of habitual residence— Whether court in any event having jurisdiction to order return on basis of child’s nationality—
Family Law Act 1986 (c 55), ss 1(1)(a)(d), 2(1), 3(1) (as amended by Children Act 1989 (c 41), s 108, Sch 13, para 63(1) and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10)
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Council Regulation (EC) No 2201/2003, arts 1(1)(b), 8(1), 14