Edward Devereux KC and Prof Rob George, instructed by Field Seymour Parkes, for the Applicant in J v E (Habitual Residence) [2024] EWHC 196 (Fam)


21st Feb 2024 | Cases


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


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