Litigation Recent Decisions 03/09/96

Jurisdiction over children habitually resident in Scotland

D v D (Custody jurisdiction) (1996).

FAM (Hale J)

Summary: An English court held not to have jurisdiction to make a residence order in respect of children who had been taken from their habitual residence in Scotland without the father's consent.

After returning from Spain to the UK, a mother, with her two children and their father, rented a flat in Scotland and enrolled the children in school at the location. Without warning the father, the mother left with the two children and moved to England where she applied for a residence order. On the father's appeal against the English court's refusal to stay the proceedings: