Family Law Hub

Mercredi v Chaffe [2010] EUECJ C-497/10

Judgment, published: 31/12/2010

Items referring to this

  • 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's application for the return of the child to Spain after the mother had wrongfully removed him to the UK. The 'disastrous state of affairs' had resulted in the child being taken into care when the mother returned to Brazil and found herself unable to return to the UK. Judgment, 16/07/2018, free
  • Father's application to return child to Switzerland, following alleged wrongful abduction. Dismissed on grounds that the child was habitually resident in the UK. Judgment, 15/02/2018, free
  • Father's application for summary return of the child to Italy failed as the judge found that the child had no habitual residence which meant that there was no habitual residence in Italy. Judgment, 19/10/2015, free
  • The majority held that the child, who had been taken to Pakistan, had not lost her habitual residence Case note, 17/03/2016, members only
  • Father's appeal against a court ruling that the child was habitually resident in Finland and therefore the UK court did not have jurisdiction to deal with the father's applications in relation to the child. Appeal dismissed. Judgment, 21/02/2017, free
  • The same principles are applied for habitual residence and transfer under 1996 Hague Convention as under BIIR. Case note, 09/09/2016, members only
  • After considering issues in relation to service, an order was made for the child to return to the UK from Spain in the short term so that CAFCASS could make an assessment which would inform the court before a final decision on where the child should live could be made. Judgment, 03/05/2018, free

Published: 31/12/2010

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