IM v Gateshead Council [2020] EWFC B85

Habitual residence "My task is to consider the issue of habitual residence as of today. The Local Authorities, both Gateshead and Edinburgh, submit that habitual residence in England has not been established and IM continues to be habitually resident in Scotland. Mr Wilkinson on behalf of IM, instructed by the official solicitor, argues that IM is habitually resident in England. Determination of the issue is required because of the consequences which flow thereafter. ... If habitual residence in England is established the powers of the court thereafter are much wider than otherwise."

Date

Published on BAILII on 13/4/22.

Essex

This case has been summarised on page 5 of 39 Essex Chambers, 'Mental Capacity Report' (issue 122, May 2022).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Other capacity cases🔍

Date: 3 July 2020🔍

Court: Family Court🔍

Judge(s):

• Moir🔍

Parties:

• IM🔍
• Gateshead Council🔍
• City of Edinburgh Council🔍

Citation number(s):

• [2020] EWFC B85^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 122, May 2022)

Published: 14/4/22 21:23

Cached: 2025-07-10 04:30:21