Re M (Minors) (Residence Order: Jurisdiction)
| Jurisdiction | England & Wales |
| Judgment Date | 15 October 1992 |
| Date | 15 October 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Balcombe, Lord Justice Steyn and Lord Justice Hoffmann
Children - habitual residence - discretion of lone mother
Where a mother who alone had the parental responsibility for her children and who alone could determine where they should live had decided that the children should no longer reside with grandparents in Scotland, the habitual residence of the children in Scotland came to an end and the English courts had jurisdiction under the Family Law Act 1986 to entertain an application by the mother for a residence order under section 8 of the Children Act 1989.
The Court of Appeal so held in giving reasons for dimissing on October 5 the appeal by the paternal grandparents living in Scotland of M, a minor, and his sister from the decision of Judge Harold Wilson on September 8, 1992 that Oxford County Court had jurisdiction under the 1986 Act to entertain an application by the mother of the children for a residence order under section 8 of the 1989 Act.
Mr Patrick Eccles, QC, for the grandparents; Miss Camilla De Sousa Turner for the mother; Miss Elisabeth Hudson for the father; Miss Anna Pauffley for the Official Solicitor.
LORD JUSTICE BALCOMBE said that while it might seem unfair to the grandparents that the mother's change of mind in the course of a two-week holiday visit should turn out to be decisive on the issue of jurisdiction, questions of jurisdiction did not necessarily depend on what was, or what was not, fair.
It was important that the jurisdiction of the...
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