| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 79 (Apr) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Thorpe, Hughes and McFarlane LJJ (judgment delivered extempore) |
| Representation | Christine Dooley for the mother. |
| Jeremy Simison for the father. | |
| Judgment Dates: | 18 April 2012 |
Catchwords
Family proceedings - Jurisdiction - Child formerly resident in England taken to Scotland - Parents separating and mother removing child from England to Scotland without father's consent - Father immediately commencing proceedings - Residence order being made in mother's favour - Father issuing proceedings in England for variation more than four years after child's relocation - Mother raising question of appropriate jurisdiction - Recorder finding England remaining appropriate jurisdiction by reference to relevant date being date of father's initial application - Whether recorder erring - , , , , .
The Case
Family proceedings Jurisdiction. In considering the the Court of Appeal, Civil Division, held that the appropriate jurisdiction for family proceedings where the mother had removed the child from England to Scotland had, after a period of one year after the relocation, been Scotland which was, pursuant to a residence order made in favour of the mother, the child's habitual residence.
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