1, Bridge Street West MANCHESTER M60 9DJ |
||
B e f o r e :
____________________
P (by his litigation friend, the Official Solicitor) |
Applicant |
|
- and - |
||
(1) MANCHESTER CITY COUNCIL -and- (2) The Mother -and- (3) The Father |
Respondents |
|
RE: P (PROPERTY & AFFAIRS DEPUTYSHIP: JURISDICTION) |
____________________
Helen Gardiner (instructed by City Solicitor) for the First Respondent
The Mother and the Father appeared in person
Hearing date: 12 December 2024
____________________
Crown Copyright ©
[This judgment has been prepared from the notes made by counsel of the ex tempore judgment with some corrections and additions and approved by the Judge. The judge has adopted the anonymisation adopted by Ms Justice Henke in the earlier judgment [2024] EWCOP 26.]
HIS HONOUR JUDGE BURROWS:
APPLICATIONS TO ADJOURN
The father
The mother
THE APPLICATION TO REVOKE THE DEPUTYSHIP ORDER
HABITUAL RESIDENCE
(a) Habitual residence is a question of fact and not a legal concept: A v A Children: Habitual Residence [2014] AC 1.
(b) The place of habitual residence is that which "reflects some degree of integration by the [vulnerable adult] in a social and family environment": see A [202] Fam 42.
(c) As a factual matter, the Court needs to consider the conditions and reasons for the person's stay: see Mecredi v Chaffe [2012] Fam 22.
(d) The essentially factual and individual nature of the enquiry should not be glossed with legal concepts which would produce a different result from that which the factual enquiry would produce (A v A above);
(e) Both objective and subjective factors need to be considered. Rather than consider a person's wishes or intentions, it is better think in terms of the reasons why a person is in a particular place and his or her perception of the situation while there – their state of mind: Re LC (Children) [2014] AC 1038 at [60];
(f) It is the stability of the residence that is important, not whether it is of a permanent character: Re R (Children) [2026] AC 76 at [16];
(g) Habitual residence is to be assessed by reference to all the circumstances as they exist at the time of the assessment: FT v MM [2019] EWHC 935 (Fam) at [13].
THE COURTS CONCLUSION ON HABITUAL RESIDENCE
THE PROPERTY & AFFAIRS DEPUTYSHIP
CONCLUSION