Reference for a preliminary ruling from High Court of Justice (England and Wales), Family Division made on 16 November 2020 – SS v MCP

(Case C-603/20)

Language of the case: English

Referring court

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

Parties to the main proceedings

Applicant: SS

Defendant: MCP

Question referred

Does Article 10 of Brussels 2¹ retain jurisdiction, without limit of time, in a member state if a child habitually resident in that member state was wrongfully removed to (or retained in) a non-member state where she, following such removal (or retention), in due course became habitually resident?

____________

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).