ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – International child abduction – The Hague Convention of 25 October 1980 – Regulation (EC) No 2201 / 2003 – Article 11 – Application for return – Concept of ‘habitual residence’ of an infant – Child born, in accordance with the will of his parents, in a Member State other than that of their habitual residence. The first months of life in the Member State of birth – Decision of the mother not to return to the Member State where the couple were habitually resident
A child born in Greece was habitually resident there, despite the originally Italian home of her parents, and that in consequence an order under the Abduction Convention for return from Greece to Italy could not be made by the Greek court: ‘It is clear from those provisions that the concept of ‘habitual residence’ constitutes a key element in assessing whether an application for return is well founded. Such an application can succeed only if a child was, immediately before the alleged removal or retention, habitually resident in the member state to which return is sought.’
C-111/17, [2017] EUECJ C-111/17
Bailii
European
Cited by:
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 23 December 2021; Ref: scu.588292