Family Law Hub

I (A Child) & J (A Child) [2013] EWCA Civ 259

Appeal concerning right to remove and parental responsibility

  • In brief: This was a permission to appeal hearing in two very similar Jackson J cases involving the issue of whether those who hold parental responsibility can remove a child from the jurisdiction. We have previously covered the Jackson J decision in our recent updates. Lord Justice Ward granted permission to appeal in both cases, noting that there were two competing strands of jurisprudence on the issue: on the one hand, Mercredi v Chaffe [2011] where it was decided that habitual residence corresponds to the place where there is a degree of social and family integration by the child and, on the other hand, Re M (Minors) (Residence Order: Jurisdiction) [1993] where it was considered that habitual residence can be determined by those with parental responsibility who have the right to remove a child from the jurisdiction and care of others without parental responsibility.

Case note, published: 15/04/2013

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Published: 15/04/2013

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