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Child abduction—returning a child to a third state (Re B (a child) (abduction: habitual residence))

Child abduction—returning a child to a third state (Re B (a child) (abduction: habitual residence))
Published on: 15 September 2020
Published by: LexisPSL
  • Child abduction—returning a child to a third state (Re B (a child) (abduction: habitual residence))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?

Article summary

Family analysis: In Re B (a child) (abduction: habitual residence), the Court of Appeal provided a comprehensive analysis of the position as to a return to a third state, essentially as obiter, as it found that the child’s habitual residence was the same as the state of return. The decision provides a timely reminder that when deciding habitual residence, all relevant circumstances need to be considered and the circumstances should be those of both parents not just one parent, even where one parent is the primary carer. Monifa Walters-Thompson, barrister at Garden Court Chambers, considers the issues. or take a trial to read the full analysis.

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