International Child Abduction: Declaration of Habitual Residence
James Maguire & Co acted for the father in the reported case of K v L (Child Abduction: Declaration)  EWHC 1234 (Fam)
This case involved the father’s application for a declaration as to the habitual residence of the child. The father was British and the mother American. The parties met in 1995 in London and married in New York in 1999. The child was born on the 10 March 2009 in Lancashire. The mother started to spend period of time in America with the child while the father would remain in this jurisdiction but visit them both in America for short periods of time.
The parties attended Family Law Mediation in England & Wales; and reached an agreement in writing. The Family Law Agreement set out the arrangements between this jurisdiction and America over a period of 12 months.
Mr Justice Moor, after satisfying himself that he had jurisdiction to hear the application, made the declaration that the child’s habitual residence remains that of England & Wales and the mother had unlawfully retained the child in America (despite her having taken proceedings there). The Judge was satisfied that the Agreement did not provide for any change of habitual residence or permanent leave to remove the child from this jurisdiction.
To see a copy of the reported judgement please click here: K v L
James Maguire & Co is a specialist firm of Family Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance. We can also advise on Schedule 1 Children Act 1989 applications.
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