Family Law Hub

L (A Child) [2016] EWCA Civ 1297

In a tweet: Habitual residence at time court is seised is key to jurisdiction, not where child will be living

This content is only available to members

If you are a current member log on now.

If you are not a member contact Class Legal on 01652 65222 or email them via info@classlegal.com to get started.

Case note, published: 12/01/2017

Topics

See also

  • L (A Child) [2016] EWCA Civ 1297 The child lived in England with the mother while father lived in Corfu. Mother died in February 2016 and the child's aunt made applications relating to contact between her and the child. The judge concluded on the merits, that it would be in the best interests of the child to go and live with her father in Corfu but to continue to see her aunt and other members of the maternal family after she had moved. However, the judge held that he had no jurisdiction to make a child arrangements order regulating contact in respect of a child who was to live in Corfu. The aunt's appeal was allowed, the appeal judge ruling that the court had jurisdiction to make a child arrangements order regulating contact as between the father and the aunt, such an order being in relation to a "matter of parental responsibility" in respect of the child who was habitually resident in the UK at the relevant time. Judgment, 19/12/2016, free

Published: 12/01/2017

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.