The Court of Justice of the European Union has handed down judgment this week in Case C-393/18 PPU.
Teertha Gupta QC and Jacqueline Renton for the father were successful in persuading the court that physical presence is a necessary ingredient of habitual residence. The case is an important decision as regards the interpretation of habitual residence under article 8 of Brussels II Revised Regulation 2003. Chris Hames QC and Brian Jubb represented the mother and Michael Gration represented the UK government.