A Local Authority v DZ & Ors (Jurisdiction: Public Law and Inherent Jurisdiction: Family Law Act 1986: 1996 Hague Convention: Article 5, 6 and 11)

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MS P. HOWE Q.C. and Ms K Hopper (instructed by A Local Authority ) for the Applicant MS M. WHEELER Q.C. and Mr J Banerji (instructed by Goodman Ray Solicitors) for the First and Second Respondents MS G. TAYLOR Q.C. and Ms Stather (instructed by Spearpoint Franks Solicitors) for the Third Respondent MR EDWARDS for the Fourth Respondent ____________________

' the judicial or administrative authorities of the contracting state of the habitual residence of the child, have jurisdiction to make measures directed to the protection of the child's person or property . That is it.

i) Habitual residence is a question of fact and not a legal concept like domicile. There is no legal rule akin to that whereby a child automatically takes the domicile of his parents;

ii) It was the purpose of the FLA 1986 to adopt a concept which was the same as that adopted in the Hague and European Conventions. BIIa must also be interpreted consistently with those Conventions;