Re HR

European Union – Civil and commercial matters. Article 8(1) of Regulation (EC) No 2201/2003 should be interpreted as meaning that a child's place of habitual residence for the purpose of that regulation was the place which, in practice, was the centre of that child's life. It was for the national court to determine, on the basis of a consistent body of evidence, where that centre had been located at the time the application concerning parental responsibility over the child had been submitted. The Court of Justice of the European Union so held in proceedings brought by the applicant concerning a request to establish detailed rules regarding the exercise of parental responsibility over her daughter, who was a minor. The Court further set out which elements were to be used to determine the place of habitual residence of an infant, in circumstances such as those at issue in the present case.

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