‘Habitual residence’

Re P-J (Children) [2009] EWCA Civ 588; SJ 30 June p29

The mother was Welsh and the respondent father was a Spanish national serving as an officer in the Spanish army. The couple had five children aged between four and 12 years. The family had lived together in Spain where the family home was. In August 2007, The mother and the children went to stay at the mother’s home in Wales, the parties having agreed that it was desirable and convenient for the children to have a school year in England without unduly interfering with their Spanish schooling and at a time when their proposed new home was undergoing refurbishment. In June 2008 the family returned and the children started schooling in Spain in September. In October 2008 the mother removed the children from Spain and took them to Wales. The father issued an originating summons pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980 and Regulation 2201/2003 seeking the return of the children to Spain.