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A (Children), Re (Rev 1)

A (Children), Re (Rev 1)

Case [2013] UKSC 60

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Case: [2013] UKSC 60
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Cases Citing This Decision

McDonald v Sanchez [2024] NZHC 2110
Citation 1

…(Minors) (Residence Order: Jurisdiction) 1993 1 FLR 495 (CA) at 499. 16 A v A (Children: Habitual Residence) (Re A (Jurisdiction: Return of Child)) [2013] UKSC 60, [2014] AC 1, per Lady Hale at [54(vii)]. 17 Punter 2 , above n 3, at [88].…
Police Commissioner of South Australia & Agustina (No. 2) [2020] FamCA 1100
Citation 2 (Para 7)

…ich our law is intended to give expression. [1] A v A (Children: Habitual Residence)(Reunite International Child Abduction Centre Intervening ) [2013] UKSC 60. [2] Per Lord Browne-Wilkinson in Re H (Abduction: Acquiesnence) [1998] AC 72, [87(f)].…
State Central Authority & Metin [2020] FamCA 535
Citation 3

…Intervening) [2014] 1 FLR 111 A v A and Another (Children: Habitual Residence) (Reunite International Child Abduction Centre and Others Intervening) [2013] UKSC 60 AR v RN (Habitual Residence) [2015] UKSC 35 Handbury & SCA and Anor [2020] FamCAFC 5 HZ v SCA (2006) 35 FamLR 489 In re H (Children) [2015] 1 WLR 863…
State Central Authority and Macnevin [2019] FamCA 961
Citation 4 (Para 2)

…lishing habitual residence. In A v A and Another (Children: Habitual Residence) (Reunite International Child Abduction Centre and Others Intervening) [2013] UKSC 60, the court stated that habitual residence is “the place which reflects some degree of integration by the child in a social and family environment.”[1…
State Central Authority & Handbury [2019] FamCA 668
Citation 5

…A v A and Another (Children: Habitual Residence) (Reunite International Child Abduction Centre and Others Intervening) [2013] UKSC 60 AR v RN (Habitual Residence) [2015] UKSC 35 Commonwealth Central Authority & Cotter [2016] FamCA 209 De L v Director-General, NSW Dept of Community (1996) 187 CLR 640 Department of…
O v The Queen [2018] NZHC 2696
Citation 6 (Para 38)

…20 At [106] (citations omitted). 21 A v A (Children: Habitual Residence) [2013] UKSC 60, [2014] AC 1 at [38]. 22 Langdon v Wyler [2017] NZHC 2535.…
Commonwealth Central Authority and Sangster (No 2) [2018] FamCA 894
Citation 7 (Para 9)

…The United Kingdom Supreme Court concluded, in In the matter of A (Children) (AP) [2013] UKSC 60 , that habitual residence was to be interpreted in conformity with Brussels II bis and the formulation of it by the European Court of Justice. That is: Habitual residence is the place which reflects some degree of int…
Re WS (No 2) [2017] NSWSC 475
Citation 8

…Family and Community Services [2016] NSWCATAD 292 H v H (1995) 13 FRNZ 498 (HC) In the matter of A (Children) [2014] AC 1; [2013] UKSC 60 LK v Director-General, Department of Community Services (2009) 237 CLR 582; [2009] HCA 9 Punter v Secretary for Justice as the New Zealand Central Authority [2004] NZLR 28 Pun…
Commonwealth Central Authority and Newcombe [2016] FamCA 485
Citation 9 (Para 8)

…ntervening) (“ A v A” )[7] illustrates how English jurisprudence has also moved away from joint parental intention as a predominant factor. [7] [2013] UKSC 60.…
State Central Authority and Tercel [2016] FamCA 243
Citation 10 (Para 5)

…f the child, with the purposes and intention of the parents being merely one of the relevant factors” (A v A (Children: Habitual Residence) [2013] UKSC 60; [2014] AC 1, [54] (Lady Hale)).…
Secretary, Department of Family and Community Services & Padwa [2016] FamCAFC 57
Citation 11 (Para 5)

…reting the same Convention is desirable at the very least, and the UK jurisprudence is consistent with what the High Court has decided in LK . [11] [2013] UKSC 60. [12] [2015] UKSC 35.…
Commonwealth Central Authority & Cotter [2016] FamCA 209
Citation 12 (Para 7)

…parental intention to reside in that place is relevant but not a necessary prerequisite to the establishment of habitual residence. [45] [2013] UKSC 60. [46] Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and recognition and enforcement of judgements on matrimonial matters and in matters of…
Bunyon & Lewis (No 3) [2013] FamCA 888
Citation 13 (Para 5)

…sent. In a recent decision of Supreme Court In the matter of A (Children) (AP) [2013] UKSC 60, the plurality comprising Lady Hale, Deputy President, with whom Lord Wilson, Lord Reed and Lord Toulson expressed some doubt whether a child could have an habitual residence on the basis that he “is intergrated into the…
In the matter of NY (A Child) [2019] UKSC 49
Citation 14

…para 1.1 of Practice Direction 12D could be said to reflect, the court should turn to consider case law. 42. In A v A (Children: Habitual Residence) [2013] UKSC 60, [2014] AC 1, the trial judge had invoked the inherent jurisdiction to make a summary order of the obverse kind, namely for the return of four childr…
Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4
Citation 15

…38. In A v A (Children: Habitual Residence) [2013] UKSC 60; [2014] AC 1, this…
R (on the application of Cornwall Council) (Respondent) v Somerset County Council (Appellant) [2015] UKSC 46
Citation 16

…t of authorities since Shah , including Mohamed v Hammersmith and Fulham LBC [2001] UKHL 57; [2002] 1 AC 547 and A v A (Children: Habitual Residence) [2013] UKSC 60; [2014] AC 1.…
AR v RN (Habitual Residence) [2015] UKSC 35
Citation 17

…uidance given by this court in A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2013] UKSC 60; [2014] AC 1 and In re L (A Child) (Custody: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 75; [2014] AC…
AR v RN (Scotland) [2015] UKSC 35
Citation 18

…uidance given by this court in A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2013] UKSC 60; [2014] AC 1 and In re L (A Child) (Custody: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 75; [2014] AC…
B (A child), Re [2016] UKSC 4
Citation 19

…38. In A v A (Children: Habitual Residence) [2013] UKSC 60; [2014] AC 1, this court held that the criterion articulated in the two European authorities (“some degree of integration by the child in a social and family environment”), together with the non-exhaustive identification of considerations there held to be…
Cornwall Council, R (on the application of) v Secretary of State for Health and Somerset County Council [2015] UKSC 46
Citation 20

…ding Mohamed v Hammersmith and Fulham LBC [2001] UKHL 57; [2002] 1 AC 547 and A v A (Children: Habitual Residence) [2013] UKSC 60; [2014] AC 1. In the former (at para 18) Lord Slynn had said of "words like 'ordinary residence' and 'normal residence'" that, while they may take their precise meaning from the legisl…
KL (A Child), Re [2013] UKSC 75
Citation 21

…between Member States. This Court held in A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 60, [2013] 3 WLR 761, that the provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a no…
LC (Children), Re [2014] UKSC 1
Citation 22

…o be required to review it) so shortly prior to this court's issue, on 9 September 2013, of its judgments in A v A (Children: Habitual Residence) [2013] UKSC 60, [2013] 3 WLR 761. The court there held that: i) the test for the determination of habitual residence under the Convention, under B2R and under domestic…
NY (A Child), Re [2019] UKSC 49
Citation 23

…42. In A v A (Children: Habitual Residence) [2013] UKSC 60, [2014] AC 1, the trial judge had invoked the inherent jurisdiction to make a summary order of the obverse kind, namely for the return of four children from abroad, specifically from Pakistan, to England and Wales. By the time of the arrival of the case i…

Cases Cited

Statutory Material Cited

Hope v Hope [2019] NZHC 2633
Citation 1

…ains a jurisdiction over a British subject wherever he may be, though it will only exercise it abroad where the circumstances clearly warrant it: see Hope v Hope (1854) 4 De GM & G 328; In re Willoughby (1885) 30 Ch D 324; R v Sandbach Justices, ex p Smith [1951] 1 KB 62."…
I (a child) [2009] UKSC 10
Citation 2

…kistan was considered by this Court in Re I (A Child) (Contact Application: Jurisdiction)(Centre for Family Law and Practice intervening) [2009] UKSC 10, [2010] 1 AC 319.. Two other articles also give jurisdiction. Article 13 gives jurisdiction to the courts of the Member State where the child is present, if the…

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