EUPillar Mr B v Mr and Mrs E, Ms J [2012] EWHC 3364 (Fam)

Summary

The proceedings were in relation to a 7.5-year child, A. The parties to the dispute were the child’s father, on the one side, and the child’s maternal grandparents, on the other side. In July 2007, the grandmother obtained a residence order. However, on 9th June 2012, the grandparents removed the child from the jurisdiction without the consent of the father. On 22nd June 2012, an application for parental responsibility was issued by the father. The application was granted. The father also obtained an order for the child’s return to England. The grandparents and the mother challenged the jurisdiction of the English court. The jurisdictional challenge was dismissed by Mr Justice Peter Jackson who held: “44 Weighing these matters up, I attach considerable weight to the reality of A's situation and lesser weight to the legal technicalities. The reality is that she is an English child who has spent all of her 2500-plus days of life as a habitual resident of this country and I do not find that the she has lost that status as a result of a contrived absence of 13 days. Her roots here are deep and her habitual residence did not change as a result of thislegally insecure removal. 45 I accordingly find that A was habitually resident in England and Wales at the time these proceedings were issued and that as a result this court had jurisdiction to make the orders that it did. I invite the parties' written submissions on what further orders should now follow.” [44-45]