Re B (A Child) (Habitual Residence: Inherent Jurisdiction)

Family proceedings – Jurisdiction. The present appeal arose from the appellant's attempts to have contact with P, the child of her former partner, in circumstances where, following their separation, the mother had moved with P to Pakistan. The judge had dismissed appellant's applications under the Children Act 1989 and under the inherent jurisdiction of the High Court. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held that, as to habitual residence, the judge had applied the proper principles to the relevant facts and there was no reason to interfere with her finding that P had lost her habitual residence in the present jurisdiction when she had left for Pakistan. Further, the circumstances were simply not such as to justify the exercise of the inherent jurisdiction.

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