Supporting Families in International Child Abduction Cases: Court Confirms One-Day-Old Baby Was Habitually Resident in England

Supporting Families in International Child Abduction Cases: Court Confirms One-Day-Old Baby Was Habitually Resident in England

A recent High Court decision has confirmed that a baby was habitually resident in England and Wales from just one day old. This ruling is important for parents involved in international child cases, particularly where there are concerns about cross-border child protection, care proceedings or potential child abduction issues. 

For families facing urgent and complex situations involving more than one country, decisions like this can play a crucial role in determining which court has the power to make decisions about a child’s welfare. 

What was the case about? 

The case involved a baby, known as AZ, who was born in hospital in England. Her mother is a Romanian national who had previously lived in Austria and Romania before coming to England to give birth to AZ. AZ’s three older siblings were already subject to care proceedings in Austria. 

On the day AZ was born, the local authority applied to the court for an interim care order. Before the court could consider what should happen next, it first had to decide which country’s courts had jurisdiction to deal with AZ’s welfare. 

This depended on whether AZ was considered to be habitually resident in England and Wales at the time the proceedings were issued. 

Why habitual residence matters 

Habitual residence is a legal concept used to decide which country should deal with a child’s case. In international situations, it can affect: 

• Which court can make decisions about a child 
• Whether care proceedings can continue in England 
• Whether another country can ask to take over the case 
• How international child abduction laws apply 

For parents, this question often arises suddenly and at a highly emotional time, particularly where a child has been removed across borders or where authorities act immediately after birth. 

Andy Kerese, International Family Law Solicitor at Watkins Solicitors, commented:

“This case highlights why it is so important for parents facing international child issues to obtain specialist legal advice as early as possible. Questions about habitual residence and jurisdiction can arise very suddenly, particularly where proceedings are issued at birth or where more than one country is involved. Having the right advice at the outset can be critical in ensuring the correct court is able to act quickly to protect a child and consider their welfare.”

How the court reached its decision 

The judge acknowledged that for a newborn baby, many of the usual signs of “settling” in a country simply do not apply. A one-day-old baby has no school, friendships or language, so the court must look at what realistically shows a connection. 

In this case, the court placed weight on the fact that: 

• The baby was born in England 
• The birth was planned to take place here 
• The mother was living in England at the time, not just visiting briefly 
• Antenatal care had been provided in England 
• The baby was being cared for by her mother and the NHS 

Taking these factors together, the judge concluded that England and Wales was the only country where the baby could be considered habitually resident at one day old. 

Even if the mother later intended to leave England, that did not change the baby’s habitual residence at the time the proceedings were issued. 

Why this matters for parents facing international issues 

This decision is particularly relevant for parents who are: 

• Facing urgent care proceedings involving more than one country 
• Dealing with international child abduction concerns 
• Involved in disputes about where a child should live 
• Being told another country should deal with their child’s case 

It confirms that a child can be habitually resident in England from birth, even where there are strong international links elsewhere. It also represents that habitual residence is determined on a case-by-case basis, having regard to all factors of a child’s life. That can be critical in ensuring that English courts are able to act quickly to protect a child and consider their welfare. 

Specialist support from Watkins Solicitors 

Watkins Solicitors supports parents and carers involved in international child abduction cases, cross-border care proceedings and urgent jurisdiction disputes. 

Our International Family Law team regularly advises on cases involving the Hague Conventions, habitual residence and emergency applications where children have been removed or proceedings are issued at birth. Our Care and Public Law team also supports parents where local authorities become involved at an early stage, including immediately after a child is born. 

We understand how frightening and isolating these situations can feel. Our focus is on giving clear, practical advice, acting quickly where needed, and supporting families through some of the most stressful moments of their lives. 

If you are concerned about an international child issue, or need urgent advice about care proceedings or jurisdiction, you can contact us by emailing info@watkinssolicitors.co.uk or calling 0117 939 0350.