UD v XB

European Union – Family proceedings. Article 8(1) of Council Regulation (EC) No 2201/2003, repealing Regulation (EC) No 1347/2000, should be interpreted to the effect that a child had to have been physically present in a member state in order to be regarded as habitually resident in that member state, for the purposes of that provision. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning applications made by the mother of an infant child, born in Bangladesh, for an order that the child be made a ward of the High Court of Justice (England and Wales) and that the mother return with the child to the UK to participate in the proceedings before that court.

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