A v A (Children: Habitual Residence)

Subject Matter

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, ss 1(1)(a)(d), 2(1), 3(1) (as amended by Children Act 1989, s 108, Sch 13, para 63(1) and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005, regs 8(2), 10) — Council Regulation (EC) No 2201/2003, arts 1(1)(b), 8(1), 14

[2012] EWCA Civ 1396; [2013] Fam 232; [2013] 2 WLR 1061; [2013] 1 FLR 1041; [2012] WLR (D) 297, CA

[2013] UKSC 60; [2014] AC 1; [2013] 3 WLR 761; [2014] 1 All ER 827; [2014] 1 FLR 111; [2013] WLR (D) 345; Case details, SC(E)

CHILDREN — Custody rights — Nationality as basis of jurisdiction — Whether child to be returned

[2013] EWHC 3298 (Fam); [2014] 2 FLR 244; [2013] CN 1699, Fam D

CHILDREN — Care proceedings — Children at high risk of emotional harm — Only interim care order appropriate

[2013] EWHC 3554 (Fam); [2014] 2 FLR 365; [2013] CN 1737, Fam D

Appellate History