Edward Devereux KC and Rob George successful in the Court of Appeal in A (A Child) (Habitual Residence : 1996 Hague Child Protection Convention) (Rev1) [2023] EWCA Civ 659

12th Jun 2023 | News, Cases

Edward Devereux KC and Professor Rob George, instructed by Field Seymour Parkes Solicitors, successfully appealed a decision of the High Court concerning the jurisdiction of the courts in relation to a child wrongfully retained in Zambia in A (A Child) (Habitual Residence : 1996 Hague Child Protection Convention) (Rev1) [2023] EWCA Civ 659. The case provides important clarification about habitual residence and the need to avoid over-simplification of the test, while also making clear for the purposes of the Family Law Act 1986 that it is the substance of the orders sought, not the form of the application, that matters. The case has been remitted for re-hearing on the issue of habitual residence at the date of the application.

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