Family Law Hub

Al Habtoor v Fotheringham [2001] EWCA Civ 186

Judgment, published: 08/08/2001

Items referring to this

  • M's appeal where the issue was whether the High Court of England and Wales had jurisdiction to order the 'return' to this country of a small child who had never been present here on the basis that he was habitually resident here or that he had British nationality. Appeal allowed, the SC holding that the court had inherent jurisdiction to make the orders in this case on the basis of the child's British nationality. The case was however remitted to the judge to consider as a matter of urgency whether it was appropriate to exercise this exceptional jurisdiction. Judgment, 10/09/2013, free
  • Appeal against a decision that the child was not habitually resident in the UK at the time Children Act proceedings were started because she had lost her habitual residence in this country upon her departure with the respondent for Pakistan, albeit that, in the judge's view, she had probably not yet acquired a habitual residence in Pakistan. The judge also declined to exercise the inherent jurisdiction saying that the facts of the present case did not justify such a course. The appeal was dismissed. Judgment, 06/08/2015, free
  • Father sought to challenge an order permitting the mother of his two children to re-locate from England and Wales in order to take up permanent residence with her new husband in Abu Dhabi. Appeal dismissed. Judgment, 21/12/2015, free
  • The 4 children and M were Spanish nationals, F was English. M took the children back to Spain. After a few months they came back to the UK with F who did not return them to Spain. An order was made for their return which was resisted especially by the older child. The order in her case was overturned but the case of the other 3 children was remitted to the High Court. Discussion of the joinder of the children as parties. Judgment, 03/10/2013, free
  • Judgment, 08/08/2012, free
  • Case note, 31/08/2012, members only
  • The court invoked its inherent jurisdiction in a case involving residence of an adopted child where the adoption was not recognised in her current place of residence (Dubai) and where the parents had not applied to have the adoption recognised in the UK. Judgment, 10/03/2016, free
  • In brief: An unsuccessful application brought by a father (“F”) for the summary return to the Ivory Coast of his two young children. The mother (“M”) had removed the children to England four months earlier. Despite finding that the children’s habitual residence was the Ivory Coast, the court determined it was not in the children’s best interests to be returned in circumstances which may well have led to a further move for the children in due course. Judgment, 05/07/2018, free
  • The child was the subject of proceedings in England and Spain. The English court had declared that she was habitually resident in the UK and made other consequential directions. The Spanish court had refused to return her to this jurisdiction pursuant to the Hague Convention. M's application was to set aside declarations made by the English Court as to (i) habitual residence (ii) wrongful retention. Alternatively she invited the court to reassess habitual residence as at today's date. Judgment, 10/03/2014, free
  • Application for an order in wardship proceedings, or alternatively under the court's inherent jurisdiction, which would have the effect of amending an existing injunction previously made in the wardship proceedings and extending its duration beyond the ward's 18th birthday. Judgment, 13/06/2015, free
  • Judgment, 29/10/2012, free

Published: 08/08/2001

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