Family Law Hub

A Child [2008] EWHC 1436 (Fam)

Judgment, published: 08/08/2008

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
  • The latest in the case involving the return of 4 children from Pakistan, where the 3 eldest were habitually resident in England, but the youngest was born in Pakistan and had never set foot in England. Mrs Justice Parker ruled that the return order still stood in respect of the 3 older children but that, as the youngest was a sibling and they were a group of 4, their futures should be heard together. F now accepted that he should bring the children back to England but until the children were returned, or at least on their way, the judge refused to release funds of the F which were subject to a freezing order where such a release might give more opportunity for obstruction. Judgment, 11/11/2013, 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
  • Judgment, 08/08/2012, free

Published: 08/08/2008


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