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

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Case note, published: 12/01/2017


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  • 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


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