C v M

Subject Matter

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)

(Case C-376/14PPU); (Case C-376/14 PPU); EU:C:2014:2268; [2015] Fam 116; [2015] 2 WLR 59; [2015] All ER (EC) 426; [2015] 1 FLR 1; [2014] WLR (D) 415, ECJ