Court of Appeal
In re
A (A Child)
[2023] EWCA Civ 659
2023 April 4;
June 12
Bean, Moylan, Snowden LJJ
ChildrenCustody rightsJurisdictionHabitual residenceChild born in EnglandMother removing child from father while visiting Zambia and keeping child there without father’s consentFather applying to English court for child’s returnWhether child habitually resident in England or ZambiaWhether date of habitual residence to be determined at date of application or date of hearingWhether English court having jurisdiction Family Law Act (c 55), ss 2, 3, 7 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Cm 7727), arts 5, 7
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