Language of document :

Reference for a preliminary ruling from the High Court of Justice, Family Division (England and Wales) (United Kingdom) made on 14 June 2018 – UD v XB

(Case C-393/18)

Language of the case: English

Referring court

High Court of Justice, Family Division (England and Wales)

Parties to the main proceedings

Applicant: UD

Defendant: XB

Questions referred

Is the physical presence of a child in a state an essential ingredient of habitual residence, within the meaning of article 8 of Brussels II Revised Regulation 20031 ?

In circumstances where both parents are holders of Parental Responsibility, does the fact that a mother has been tricked to go to another state and then unlawfully detained by coercion or other unlawful act in that state by the father, leading to the mother being forced to give birth to a child in that state, have any impact on the answer to question (1) in circumstances where there may have been a violation of the mother and / or child's human rights, pursuant to articles 3 and 5 of the European Convention on Human Rights 1950, or otherwise?


1 Council regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ 2003, L 338, p. 1).