The WLR Daily case summaries
[2014] WLR (D) 415
CONFLICT OF LAWS— Jurisdiction under Council Regulation— Orders with respect to children— Child born in member state of origin— — Divorced father residing in member state of origin— — Mother residing in another member state— — French court ordering joint parental authority, determining child’s habitual residence to be with mother and giving access and accommodation rights for father— — Mother wrongfully retaining child in her member state of residence— — Father requesting return of child to member state of origin— — Appeal court overturning original judgment— — Whether court of member state to which child removed having to determine whether child was still habitually resident in member state of origin immediately before alleged wrongful retention— — Whether failure to return child to member state of origin was wrongful— — Council Regulation (EC) No 2201/2003, arts 2(11), 11