Case number and/or case name
LA, MF, CY, RN v N [2012] EWHC 4278 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 10
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Article 55
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Date of the judgement
28 November 2012
CJEU's case law cited by the court
Summary
The care proceedings were issued by the Local Authority on 30th December 2011. They were in respect of three children.
The mother and father both originated from Cameroon. The father had been living in England since 1996. The mother and the three children were in the process of relocating to France.
The English judge determined that the children were habitually residing in England. On this basis, the English court assumed jurisdiction. Mrs Justice Theis held that:
“82 […] I am entirely satisfied it is more likely than not that the younger three children were habitually resident in England and Wales throughout 2011. The periods of time the mother and all/some of the children spent in France during 2011 did not change that position. As a result this court does have jurisdiction to determine the applications before it. In the light of this conclusion it is not necessary for the court to consider any issue of prorogation.” [82]