- Cited — London Borough of Hackney v P & Ors 2023-10-19
“…ion. He relied on what Sir James Munby P said in Re F; what was said in In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606 (“Re B”) both by Lord Wilson in his majority judgment and by Lady Hale and Lord Toulson in their joint concurring judgment; and what was said by Black LJ (as s…”
- Cited — SA (Declaration of Non-Recognition of Marriage), Re 2023-08-30
“…eclaration which “cut across” the statutory scheme, adopting the expression used by Lord Sumption in Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] AC 606, at [85]. Mr O’Brien also relied on Lord Sumption’s observation that: “I do not accept that the inherent jurisdiction can be used to circumvent principled limi…”
- Cited — S (Children: Parentage and Jurisdiction), Re 2023-07-27
“…(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 — Re A (A Child) (Habitual Residence: 1996 Hague Child Protection Convention) 2023-06-12
“…ing of habitual residence, which the Supreme Court cautioned against in In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606 (“Re B 2016”), at [46], but simply to demonstrate that “some degree of integration” is not a substitute for the required global analysis.…”
- Cited — X (Child abduction: habitual residence) 2022-11-01
“…nternational Child Abduction Centre intervening) [2015] UKSC 35; [2016] AC 76, and In re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4; [2016] AC 606. The principles were succinctly distilled by Hayden J in Re B (A Child: Custody Rights: Habitual Residence) [2016] EWHC 2174 (Fam) into a series of proposition…”
- Cited — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“… (EC) No 2201/2003). This recital had been identified by Lord Wilson in In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606, at [42], as being of “significant” effect.…”
- Applied — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“…v 1105, when applying the “see-saw” analogy suggested by Lord Wilson in In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606. There is a danger that the analogy may lead judges to think that, when a family moves from one country to another, there needs to be an equivalent degree of i…”
- Applied — M (Children : Habitual Residence : 1980 Hague Child Abduction Convention) 2020-08-25
“…g of the need to apply Lord Wilson’s “see-saw” analogy from the case of In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606, at [45].…”
- Cited — M (A Child) 2020-07-17
“…r habitually resident or is present in England and Wales. As set out in In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606, at [27], these provisions reflect the fact that a “child’s habitual residence in a state is the internationally recognised threshold to the vesting in the cou…”
- Cited — I-L (Children) (1996 Hague Child Protection Convention : Inherent Jurisdiction) 2019-11-15
“…intervening) [2019] AC 1 on the issue of repudiatory retention and from In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606 on the issue of habitual residence. There is also a brief reference to In re L (A Child) (Custody: Habitual Residence) (Reunite International Child Abduction C…”
- Cited — G-E (Children : Hague Convention 1980: Repudiatory Retention and Habitual Residence) 2019-03-01
“…ernational Child Abduction Centre and others intervening) [2016] AC 76; In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] AC 606; Re B (A Minor) (Habitual Residence) [2016] EWHC 2174 (Fam); and Proceedings brought by HR (with the participation of KO and another) [2018] 3 WLR 1139.…”