The WLR Daily case summaries
[2013] WLR (D) 345
CHILDREN— Custody rights— Jurisdiction— Habitual residence— — Child born in Pakistan while British-resident mother forcibly detained there by father— — Father thwarting mother’s attempt to bring child to England— — Mother returning alone and applying to English court for order for return of child— — Whether child born in Pakistan acquiring on birth habitual residence in England— — Whether prior physical presence in England necessary prerequisite of finding of habitual residence— — Whether court in any event having jurisdiction to order return on basis of child’s nationality— — Family Law Act 1986 (as amended by Children Act 1989, s 108, Sch 13, para 63(1), European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), reg 8(2) and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), reg 10), ss 1(1)(a)(d), 2(1), 3(1)— — Council Regulation (EC) No 2201/2003, arts 1(1)(b), 2(7), 8(1), 14