- Cited — London Borough of Hackney v P & Ors 2023-10-19
“…The latter was based, by analogy, on what Lady Hale had said in A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2014] AC 1 (“A v A”), at [20], about BIIa (Council Regulation (EC) No. 2201/2003) being the “first port of call” for the purposes of determining the court’s jurisdiction …”
- Cited — London Borough of Hackney v P & Ors 2023-10-19
“…[2014] AC 1 (“…”
- Explained — London Borough of Hackney v P & Ors 2023-10-19
“…[2014] AC 1 in order to explain how it was that the Supreme Court had recourse to the inherent jurisdiction there—it was through the Brussels IIa jurisdiction provisions n…”
- Cited — S (Children: Parentage and Jurisdiction), Re 2023-07-27
“…[2019] EWCA Civ 738, [2019] 4 WLR 86; Re A (Jurisdiction: Family Law Act 1986) (Application for Amplification) [2021] EWFC 105; Re A (Children) [2013] UKSC 60, [2014] AC 1; Re B (A Child) [2016] UKSC 4, [2016] AC 606; and Re M (A Child) [2020] EWCA Civ 922, [2020] 3 WLR 1175.…”
- Cited — S (Children: Parentage and Jurisdiction), Re 2023-07-27
“…Hale when referring to BIIa, at [20], in A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1 (‘A v A’), and to the Convention having no equivalent provision to article 14 in BIIa. Article 14 provided that:…”
- Cited — Re A (A Child) (Habitual Residence: 1996 Hague Child Protection Convention) 2023-06-12
“…The case to which Hayden J referred was A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2014] AC 1 (“A v A”), which I deal with further below. Also in Hayden J’s list was:…”
- Cited — Re A (A Child) (Habitual Residence: 1996 Hague Child Protection Convention) 2023-06-12
“…[2014] AC 1038…”
- Cited — N and A (1996 Hague Convention: Article 13) 2023-06-09
“…the jurisdictional code that that instrument establishes. The decision of the Supreme Court in A v A and another (Children: Habitual Residence) [2013] UKSC 60, [2014] AC 1 demonstrates this in relation to Brussels IIa and I see no reason why matters should be different in relation to the 1996 Hague Convention.”…”
- Cited — Re T (Children) (Jurisdiction: Matrimonial Proceedings) 2023-03-17
“…ildren will be a Part I order: A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) (“A v A”) [2014] AC 1. In that case, the Supreme Court decided that, for example, an order requiring only the return of children to England and Wales is not necessarily a Part I ord…”
- Cited — Re T (Children) (Jurisdiction: Matrimonial Proceedings) 2023-03-17
“…ctors; it “depends on numerous factors” (A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1, at [54(i) and (iii)]. It is an open-ended, not a closed, list of potentially relevant factors.…”
- Cited — X (Child abduction: habitual residence) 2022-11-01
“…f decisions of the Supreme Court, starting with A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 60; [2014] AC 1 and continuing with In re L (A Child) (Custody: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 75; [2014] AC 1017; …”
- Cited — X (Child abduction: habitual residence) 2022-11-01
“…[2014] AC 1017…”
- Cited — X (Child abduction: habitual residence) 2022-11-01
“…f decisions of the Supreme Court, starting with A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 60; [2014] AC 1 and continuing with In re L (A Child) (Custody: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 75; [2014] AC 1017; …”
- Cited — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“… six decisions in the Supreme Court from A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1 to In re C and another (Children) (International Centre for Family Law, Policy and Practice intervening) [2019] AC 1; Hayden J’s decision of Re B (A Child: Cus…”
- Cited — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“…“full integration in the environment of the new state … only a degree of it”. In In re LC (Children) (Reunite International Child Abduction Centre intervening) [2014] AC 1038, Lady Hale, at [60], referred to the "essential question" as being "whether the child has achieved a sufficient degree of integration into a social and fami…”
- Followed — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“…Likewise, in In re K (A Child) (Reunite International Child Abduction Centre intervening) [2014] AC 1401, Lady Hale posed the following question when considering whether “rights of custody” should be interpreted as including, what have been called, “inchoate ri…”
- Cited — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“…e. This was an example of the type of case, identified by Lady Hale, at [63], in In re LC (Children) (Reunite International Child Abduction Centre intervening) [2014] AC 1038C, of a family leaving their home country with the intention of emigrating, having made all necessary plans, and thereby losing one habitual residence immedi…”
- Applied — M (Children : Habitual Residence : 1980 Hague Child Abduction Convention) 2020-08-25
“…e did not apply the approach approved in A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1. This was because the judge appeared to have been misled by Lord Wilson’s see-saw analogy from In re B into taking the key question as being whether the childr…”
- Cited — M (Children : Habitual Residence : 1980 Hague Child Abduction Convention) 2020-08-25
“…tent presence. It is for the purposes of assessing what Lord Wilson described in In re LC (Children) (Reunite International Child Abduction Centre intervening) [2014] AC 1038 at [1] as, “the nature and quality of that residence”. Another expression used, again derived from the European authorities, is the “stability” of the resid…”
- Cited — S (A Child) 2020-07-17
“…In A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1, at [48], Lady Hale quoted from the operative part of the Court of Justice’s judgment in Proceedings brought by A [2010] Fam 42, at p.69:…”
- Cited — S (A Child) 2020-07-17
“…“[16] In A v A [2014] AC 1, para 51 Baroness Hale DPSC commented:…”
- Cited — M (A Child) 2020-07-17
“…as referred to by Lady Hale, at [26], in A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1. Context is, therefore, very important for any analysis of the circumstances in which and the form or manner in which it is appropriate for the jurisdiction to…”
- Cited — M (A Child) 2020-07-17
“…jurisdiction, it has been said, must be exercised “sparingly”, with “great caution” (the phrase used by Lord Hughes JSC in A v A (Children: Habitual Residence) [2014] AC 1, para 70(v)) and with “extreme circumspection.” We quote these words not because they or any of them are definitive—they are not—but because, taken together, t…”
- Cited — M (A Child) 2020-07-17
“…eturn of a British child to this country: this court so held in A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2014] AC 1. The Court of Appeal, ante, p 614, devoted a large proportion of their judgment to this aspect of the case. Their approach is summed up in para 45:…”
- Cited — I-L (Children) (1996 Hague Child Protection Convention : Inherent Jurisdiction) 2019-11-15
“…bitual residence. There is also a brief reference to In re L (A Child) (Custody: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2014] AC 1017 dealing with the exercise by the court of its inherent jurisdiction.…”
- Cited — I-L (Children) (1996 Hague Child Protection Convention : Inherent Jurisdiction) 2019-11-15
“…in A v A and Another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) [2014] AC 1, namely that “the purposes and intentions of the parents (are) merely one of the relevant factors”. He also made clear, at [39], that habitual residence could …”
- Cited — I-L (Children) (1996 Hague Child Protection Convention : Inherent Jurisdiction) 2019-11-15
“… of the Supreme Court in A v A and Another (Children: Habitual Residence) (Reunite International Child Abduction Centre and Others Intervening) [2013] UKSC 60, [2014] AC 1, [2013] 3 WLR 761, sub nom Re A (Jurisdiction: Return of Child) [2014] 1 FLR 111 (A v A) demonstrates this in relation to BIIA and I see no reason why matters …”
- Cited — S (Abduction: Hague Convention Or BIIa) 2018-05-25
“…”, and Articles 1(1)(b) and 2(7). He also referred to A v A (Children: Habitual Residence)(Reunite International Child Abduction Centre and others Intervening) [2014] AC 1.…”