In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014