SS v MCP (No 2)

Subject Matter

CHILDREN — Custody rights — Jurisdiction — Allegation that mother wrongfully removing child born in England to India — Father applying under inherent jurisdiction for return of child — Mother challenging jurisdiction of English court on basis child habitually resident in non-EU member state — Whether English courts retaining jurisdiction — Whether sufficiently compelling circumstances enabling courts to exercise protective jurisdiction — Family Law Act 1986 (c 55), ss 1–3 — Council Regulation (EC) No 2201/2003, arts 10, 14 — Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996 (Cm 7727), art 7

[2021] EWHC 2898 (Fam); [2021] 4 WLR 140; [2022] 2 FLR 105; [2021] WLR(D) 558, Fam D