Re H (Children)(Jurisdiction: Habitual residence)

Minor – Custody. The Court of Appeal, Civil Division, dismissed the father's appeal in respect of his application for the return of his children from Bangladesh. It held that, in considering a child's habitual residence, the court had to conduct a factual enquiry tailored to the circumstances of the individual case. Further, although there was jurisdiction to hear the application under art 10 of Council Regulation (EC) 2201/2003 (concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility) (Brussels II), the existence of jurisdiction and the exercise of it were two separate matters. On the facts of the instant case, the exercise of jurisdiction would result in the dismissal of the proceedings in any event.

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