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Family Law

The leading authority on all aspects of family law

17 NOV 2011

HABITUAL RESIDENCE: O v P [2011] EWHC 2425 (Fam)

(Family Divison, Baker J, 5 August 2011)

The court had jurisdiction to hear the mother's Sch 1 application on the basis that at the time of the application (11 years previously) the father had been domiciled and the child had been habitually resident in England and Wales. Further, the child was habitually resident when the father had made applications under Children Act 1989, s 8 and the power to order financial provision under Sch 1 is intended to be ancillary to the court's overall welfare jurisdiction.

 

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