The Law Reports (Family Division)
[2015] Fam 116
Court of Justice of the European Union
C
v
M
(Case C-376/14PPU)
EU:C:2014:2268
2014 Sept 22;
Oct 9
President of Chamber M Ilešič,Judges A Ó Caoimh, C Toader, E Jarašiūnas, CG FernlundAdvocate General M Szpunar
Conflict of laws— Jurisdiction under Council Regulation— Orders with respect to children— Child born in France to French father and British mother— On parents’ divorce French first instance court granting residence of child to mother and authorising relocation of child— Mother relocating with child to Ireland— First instance judgment overturned on appeal— Irish court refusing father’s application for enforcement of appeal judgment on ground that child lawfully “habitually resident” in Ireland— Whether Irish court having to determine whether child still habitually resident in France immediately before alleged wrongful retention in Ireland— Whether failure to return child to France “wrongful”— Whether European Union Regulation provisions on return of child applicable—
Council Regulation (EC) No 2201/2003, arts 2(11), 11
—
Convention on the Civil Aspects of International Child Abduction (1980)