H v R & Anor

Michael Hosford-Tanner (instructed by Duncan Lewis Solicitors) for the Applicant Jacqueline Renton and Charlotte Baker (instructed by Freemans Solicitors) for the 1st Respondent Hearing dates: 28-29 April 2022 ____________________

i) Whether the court has jurisdiction to make return and welfare orders on the basis of the habitual residence of the children;

ii) Whether, if it does, the proceedings in this jurisdiction should be stayed in favour of proceedings taking place in Libya;

iii) If the answer to (i) is yes and (ii) is no, whether a return order and/or other welfare orders should be made.

ii) B said that "Being with my parents is more important than country". If both parents were in England, he would like to return there. His order of preference is (i) to be with both parents in Libya, (ii) to be in England if both parents are there or (iii) to be in Libya if he can only be with one parent.