Re NH (1996 Child Protection Convention: Habitual Residence)

Family proceedings – Jurisdiction. The Family Division had to determine whether it had jurisdiction to hear proceedings commenced by the local authority in respect of a 15 year old who had been in England for a total of four months, who had been taken into foster care within a month of his arrival, and whose mother wished for him to attend school in Zimbabwe. The court held that, while it could not determine the child's place of habitual residence on the facts, it had jurisdiction to hear the authority's application founded on the child's presence in England.

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