In the Court of Appeal (Civil Division) - On Appeal from the High Court - Family Division
At a hearing in January 2015 Mr Justice Hayden was required to determine whether or not the Family Court in England and Wales had jurisdiction to entertain public law care proceedings under Children Act l989, Part 4 with respect to a four year old girl, S. The basis of jurisdiction under the Brussels II Revised Regulation ("BIIa") is habitual residence. At the conclusion of a reserved judgment handed down on 19th March 2015 Hayden J held that S's habitual residence was, and had been throughout her life, the United Kingdom, with the consequence that jurisdiction with respect to issues relating to S's welfare attaches to the court in England and Wales.
S's father, who is a Moroccan citizen, now seeks permission to appeal against that determination. The application for permission to appeal was adjourned by Ryder LJ to the full court, with the appeal to follow if permission is granted. We granted permission to appeal to the father during the oral hearing.