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Supreme Court to hear habitual residence & inherent jurisdiction case this week

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Hearing listed for 2 days from 8 December 2015

  • The Supreme Court is to consider issues of habitual residence and the use of the inherent jurisdiction over 2 days this week. 

    The case involves a same-sex relationship which broke down in late 2011. Their daughter, B was conceived by IVF and was born in April 2008. The respondent is B's biological mother and sole legal parent. The appellant considers herself to be a de facto parent of B, who is now aged 7 and was taken to Pakistan by the respondent in February 2014. 

    The appellant subsequently applied for B to be made a ward of the court and to be returned to the UK but both the High Court and Court of Appeal refused as they concluded that B was not habitually resident in the UK. Both courts declined to exercise the inherent jurisdiction to order B's return to the UK.

    The Supreme Court has identified the issues as being

    "Whether B lost her habitual residence immediately upon her departure from England and Wales"

    and 

    "Whether the Court of Appeal was wrong to decline to exercise the inherent jurisdiction to order B's return to the UK."

    The hearing will be broadcast live on the Supreme Court website.


Published: 07/12/2015

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