Mercredi (Area of Freedom, Security and Justice) [2010] EUECJ C-497/10 (22 December 2010)

Mercredi (Area of Freedom, Security and Justice) [2010] EUECJ C-497/10 (22 December 2010)

The concept of 'habitual residence' under Articles 8 and 10 of Regulation (EC) No 2201/2003 must be interpreted as the place reflecting some degree of integration by the child in a social and family environment, assessed by factors including duration, regularity, conditions and reasons for the stay, and the mother’s...

Source-derived case information.

Citation
[2010] EUECJ C-497/10
Parties
Applicant: Ms Mercredi; Respondent: Mr Chaffe
Jurisdiction
European Union
Judgment Date
22 December 2010
Procedural Posture
Reference for Preliminary Ruling / Judgment
Outcome
reference answered
Legal Topics
Parental Responsibility, Child Custody, Habitual Residence, Jurisdiction, International Child Abduction
Family Law EU Law Private International Law Parental Responsibility Child Custody Habitual Residence Jurisdiction International Child Abduction

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Parties

Ms Mercredi

Applicant

Mr Chaffe

Respondent

Procedural Posture

Reference for Preliminary Ruling / Judgment

Legal Issues

  1. 1 Interpretation of 'habitual residence' under Articles 8 and 10 of Regulation (EC) No 2201/2003
  2. 2 Effect of judgments refusing return under the 1980 Hague Convention on subsequent proceedings under the Regulation

Ratio Decidendi

The concept of 'habitual residence' under Articles 8 and 10 of Regulation (EC) No 2201/2003 must be interpreted as the place reflecting some degree of integration by the child in a social and family environment, assessed by factors including duration, regularity, conditions and reasons for the stay, and the mother’s geographic and family origins. Judgments refusing return under the 1980 Hague Convention have no effect on judgments in proceedings relating to parental responsibility brought earlier and still pending in another Member State.

Court Disposition

reference answered

Orders

  • The concept of 'habitual residence' for the purposes of Articles 8 and 10 of Regulation (EC) No 2201/2003 is the place reflecting some degree of integration by the child in a social and family environment, to be determined by the national court based on all circumstances.
  • Judgments refusing return under the 1980 Hague Convention have no effect on judgments in proceedings relating to parental responsibility brought earlier and still pending in another Member State.