Family Law Hub

George Wimpey UK Ltd v Tewkesbury Borough Council [2008] EWCA Civ 12

Judgment, published: 31/12/2008

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  • Appeal against the Court of Appeal's ruling that 4 children, whose mother had taken them to her home country of Spain, had become habitually resident in Spain from that date. Despite the Court of Appeal's conclusion that the older child T should not be the subject of an order for return to Spain, the reversal of the judge’s ascription to them of a habitual residence in Spain on 5 January 2013 was necessary, for that would preclude any order of the Spanish court under article 11(8) of B2R. There was a subsidiary appeal against the refusal to allow T to be a party to proceedings. The Supreme Court allowed both grounds of appeal and reluctantly remitted the matter back to the High Court to decide whether any or all of the four children were habitually resident in Spain on 5 January 2013. If it turns out that any or all of the three boys were, it will also have to be decided whether to return them to Spain when their older sister, T, or any of their brothers, is not to return will place them in an intolerable situation. Judgment, 21/01/2014, free

Published: 31/12/2008

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