In re G (Children) (Jurisdiction: Presence in England and Wales)

Subject Matter

CHILDREN — Orders with respect to children — Prohibited steps order — Order forbidding mother to return to Canada with children — Order discharged on basis children not habitually resident in England and Wales and Canadian courts having jurisdiction — Whether presence of children in England conferring jurisdiction under Council Regulation if rival jurisdiction not member state — Whether residual statutory jurisdiction under national law — Family Law Act 1986 (c 55) (as amended by European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), regs 1(2), 17, Sch , para 5(b) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 2(1)(b), 3(1) — Council Regulation (EC) No 2201/2003, arts 8, 13, 14

[2018] EWHC 381 (Fam); [2019] Fam 1; [2018] 3 WLR 1679; [2018] 2 FLR 439; [2018] WLR (D) 352, Fam D