Proceedings brought by HR (with the participation of KO)

Subject Matter

CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — Unmarried Polish mother and Belgian father having child in Belgium — Parents separating and child living with mother in Belgium and seeing father regularly — Mother employed in Belgium — Child staying with mother and her family in Poland during holidays — Child speaking mainly Polish — Mother wishing to settle in Poland with child — Factors determining child’s place of habitual residence — Council Regulation (EC) No 2201/2003, art 8(1)

(Case C-512/17); EU:C:2018:513; [2018] Fam 385; [2018] 3 WLR 1139; [2018] WLR(D) 415, ECJ

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