Determining jurisdiction and residual jurisdiction in care proceedings post-Brexit (LB Hackney v P)

Article summary

Family analysis: In a landmark judgment, the Court of Appeal determined the relevant date for establishing habitual residence and how to determine jurisdiction in public law proceedings following the departure of the UK from the EU. The court first had to address the question of the date by reference to which the court ought to determine habitual residence, and therefore jurisdiction, pursuant to the provisions of Article 5 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) ie whether it should be the date of the hearing or the date on which the proceedings were issued. The Court of Appeal found that the correct approach was that ‘jurisdiction must first be determined at the date of the commencement of the proceedings but also must be present during the proceedings’. The court subsequently had to determine whether it could make...