TPC v JMJ [2009] EWHC 638 (Fam)

TPC v JMJ [2009] EWHC 638 (Fam)

Mother removed children from Spain to Wales - father sought summary return under Hague Convention - mother argued children habitually resident in England and Wales - Held, children had at no stage ceased to be habitually resident in Spain - where both parents had equal rights of custody, neither could unilaterally change the habitual residence of the child.