X County Council v F and others

Family proceedings – Orders in family proceedings. A child, A, was born in Zimbabwe. When she was three years old, her father took her to the United States where they resided in-between travelling around the world. On a visit to visit England, social services became concerned for A and a care order was made. The Court of Appeal allowed the father's appeal that the court had been exercising jurisdiction improperly, and remitted the issue of jurisdiction for consideration. The Family Court held that the court had jurisdiction under art 13 of Council Regulation (EC) 2201/2003 because A's habitual residence could not be determined.

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