Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/08/2017

Subject: According to the Court, that the habitual residence of a child for the purposes of Regulation (EC) No 2201/2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, presupposes that the child has been physically present in the Member State to which return is sought. Consequently, in circumstances such as those at issue in the main proceedings, the fact that a child, born in a Member State other than that where the child’s parents resided together, has remained with her mother in the Member State of her birth cannot constitute wrongful removal or retention within the meaning of that provision

Parties: OL

Classification: Equality - Art. 24 Children’s rights

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