SS v MCP Case C 603/20 PPU

INCADAT legal file Hague parental abduction

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The parents, both Indian citizens, lived together in the United Kingdom but were not married. In 2017 they had a child who is a British citizen. The father was named on the birth certificate and has parental responsibility of the child.
In October 2018 the mother went to India with the child. After several months, the mother returned to the United Kingdom without her. Except for a short stay in the United Kingdom in April 2019, the child has remained in India, where she lives with her maternal grandmother.
On 26 August 2020 the father submitted an application to the High Court of England and Wales seeking, first, an order for the return of the child to the United Kingdom and, second, a ruling on rights of access. The mother challenged the jurisdiction of the courts of England & Wales, since the child was not habitually resident in the United Kingdom.
Before giving a ruling, the High Court requested a preliminary ruling to determine whether it had jurisdiction on the basis of Brussels II bis Regulation Regulation No 2201/2003.