Family Law Hub

UD v XB [2018] (Case C-393/18) EU:C:2018:835

In brief: A preliminary ruling from the ECJ determined that in order to establish habitual residence under Article 8 BIIR, a child must be physically present in the member state. The circumstances of the child being physically present elsewhere are irrelevant. This was a referral from the English High Court where the father ("F") had allegedly coerced the mother ("M") into remaining in Bangladesh with the child, potentially in breach of their ECHR rights.

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Case note, published: 17/12/2018

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Published: 17/12/2018

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