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‘It cannot be in doubt that the children’s centre of life is, and will be, in the UK where the children are registered as requested.’
‘The Convention cannot be invoked if by the time of the alleged wrongful act, whether removal or retention, the child is habitually resident in the State where the request for return is lodged. In such a case, that State has primary jurisdiction to make a decision on the merits, based on the habitual residence of the child and there is no room for a mandatory summary return elsewhere without such a decision. It may of course be that in making a merits decision, the court of the requested State might determine that it is in the best interests of the child to be returned to his previous home State…’ [para 34]As a result, in Re C, the court held that the Hague Convention does not provide for a mandatory summary return of a child in circumstances whereby the child has become habitually resident in another jurisdiction.