AG and AB (Children) [2018] EWHC 381 (Fam

Appeal before Baker J in private law children proceedings where the court at first instance had made a finding that the children were not habitually resident in England and Wales and consequently the English court had no jurisdiction to make orders under section 8 of the Children Act 1989. The appeal was partially successful insofar as the court was found to have overlooked its residual jurisdiction to make orders in respect of the children on the basis of their physical presence in the jurisdiction. However the appeal was dismissed as the judge at first instance's findings of fact and orders were upheld.