In re L (A Child) (Custody: Habitual Residence)

Subject Matter

CHILDREN — Custody rights — Breach — Mother removing child from United States to England pursuant to Texan court order — Order made on basis child had been habitually resident with mother in England — Texan Court of Appeal reversing order and ordering mother to return child to United States — Father applying to family court for return of child — Whether removal of child to United Kingdom breaching father’s right to custody pursuant to order of Texan Court of Appeal — Child’s habitual residence when father issuing application to family court — Child Abduction and Custody Act 1985, Sch 1

[2013] EWCA Civ 865; [2014] 1 FLR 570; [2013] 3 FCR 69; [2013] WLR (D) 285, CA

CHILDREN — Custody rights — Jurisdiction — Habitual residence — Child born in Texas — Father granted exclusive right by Texan court to determine child’s primary residence — Mother bringing child to England pursuant to United States court order under Hague Convention on ground of child’s habitual residence in England — United States order for return to England reversed on father’s appeal — Father applying to High Court under Hague Convention, alternatively court’s inherent jurisdiction, for child’s return to United States — Whether child’s habitual residence in England — Whether power under inherent jurisdiction to order return to United States despite habitual residence in England — Whether child to be returned — Child Abduction and Custody Act 1985, Sch 1, arts 3, 18 — Family Law Act 1986 (as amended by Children Act 1989, s 108, Sch 13, para 64 and Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), reg 17, Sch, para 5), ss 2(3), 3(1) — Council Regulation (EC) No 2201/2003, art 8(1)

[2013] UKSC 75; [2014] AC 1017; [2013] 3 WLR 1597; [2014] 1 All ER 999; [2014] 1 FLR 772; [2014] 1 FCR 69; [2013] WLR (D) 475; Case details, SC(E)

Appellate History