The WLR Daily case summaries
[2023] WLR(D) 46
Family Division
Derbyshire County Council v Mother and others
[2022] EWHC 3405 (Fam)
2022 Nov 18; Dec 19
Lieven J
Children— Care proceedings— Jurisdiction— British couple and two children returning to England for holiday having resettled in Spain— Interim care orders made after one child suffering knife wound at home— Parents disputing English court’s jurisdiction— Whether children habitually resident in Spain for purposes of 1996 Hague Convention— Whether relevant date for determining habitual residence date of hearing or when court seised—
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Cm 7727), arts 5, 11
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Vienna Convention on the Law of Treaties 1996, art 31