In the matter of F (A Child) (Habitual Residence)

Case summary

Case ID

UKSC/2025/0141

Parties

Appellant(s)

AV

Respondent(s)

LB

Issue

Was F, a child, habitually resident in England and Wales at the relevant time such that the father’s retention of F in this jurisdiction was wrongful?

Facts

The Appellant father and the Respondent mother have a child, F, who was born in March 2017. The Appellant is a dual British and Ecuadorian national. The Respondent is a Colombian national. The Appellant and the Respondent separated in 2018. F had always lived in Colombia until she first travelled with the Appellant to England in December 2023 for the purpose of an agreed stay, with a stipulated return date of 6 April 2024. While in England, the Appellant stayed with his parents, along with F. In January 2024, the Respondent travelled to England and spent time with F. The Respondent returned to Colombia on 16 April 2024 due to work commitments. She returned without F, whose passports were unavailable, as an application had been made for F to obtain a UK passport. At least until the end of April 2024, the Appellant continued telling the Respondent that he would return to Colombia with F, which he did not do. By late May 2024, the Appellant shared with the Respondent his plans of staying in the UK with F. The Respondent eventually initiated proceedings for F’s return to Colombia pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the 1980 Convention”). The High Court found that the Appellant had wrongfully retained F in England on 30 May 2024 because, contrary to the parties’ agreement, the Appellant unilaterally decided that F should stay in England and not return to Colombia. The High Court found also that F was, at that time, habitually resident in England and so the 1980 Convention did not apply. Accordingly, no return order could be made. On appeal, the Court of Appeal allowed the appeal, finding that F was not habitually resident in England at the end of May 2024. It considered that F was habitually resident in Colombia at the relevant date. The Appellant now appeals to the Supreme Court.

Date of issue

8 August 2025

Case origin

PTA

Permission to Appeal

Justices

Lord Hodge

Lord Burrows

Lord Stephens

Permission to Appeal decision date

15 August 2025

Permission to Appeal decision

Refused

The application does not raise a point of law which ought to be considered at this time bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal.

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