Edward Devereux KC and Prof Rob George, instructed by Bethan Thomas at Field Seymour Parkes, successfully secured the return of a young child from Zambia, over 18 months after she was retained there by her mother.
J v E is the re-hearing of the Court of Appeal decision in Re A (A Child) (Habitual Residence: 1996 Hague Child Protection Convention) [2023] EWCA Civ 659), now the leading case on the jurisdictional rules in relation to abducted children.
MacDonald J sets out a helpful summary of the law on habitual residence, addresses forum arguments, and concludes that it is in the child’s best interests to be returned to England for a full assessment and fact-finding hearing to take place.
The case is a remarkable example of a return order being made after extensive delays in the court process, and there are few cases where applicants have been able to get a child back after such a long time.
To read the full published judgment click here: J v E (Habitual Residence) – Find case law – The National Archives
Related areas
- Private Law Children
- Child Arrangements Applications
- International Relocation
- International Family Law
- International Child Relocation
