(Court of Justice of the European Union, 17 October 2018)
Jurisdiction – Habitual residence – Art 8, BIIA - Preliminary ruling – Physical presence – Coercion of mother to give birth in BangladeshThe Court of Justice of the European Union held that a child could not be found to be habitually resident in a Member State in which they had never been to for the purposes of Art 8 of BIIA.
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JUDGMENT OF THE COURT (First Chamber)
17 October 2018 (*)
(Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Article 8(1) — Jurisdiction in matters of parental responsibility — Concept of ‘habitual residence of the child’ — Requirement of physical presence — Detention of the mother and child in a third country against the will of the mother — Infringement of the fundamental rights of the mother and child)
In Case C 393/18 PPU,
REQUEST for a preliminary ruling under Article 267 TFEU from the High Court of Justice (England and Wales), Family Division, made by decision of 6 June 2018, received at the Court on 14 June 2018, in the proceedings
THE COURT (First Chamber),
composed of R. Silva de Lapuerta, Vice-President acting as President of the First Chamber, J.-C. Bonichot, E. Regan (Rapporteur), C.G. Fernlund and S. Rodin, Judges,
Advocate General: H. Saugmandsgaard Øe,
Registrar: M. Ferreira, Principal Administrator
Judgment: UD v XB C-39318.rtf