The Community provisions on parental responsibility do not apply to the minor who has acquired habitual residence in a third State on the date of submission of the application relating to parental responsibility.
Regulation (EC) n. 2201/2003 of the Council, of 27 November 2003, on the jurisdiction, recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility, which repeals Regulation (EC) no. 1347/2000.
Art. 10 of Regulation (EC) no. 2201/2003, relating to the jurisdiction, recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility, must be interpreted in the sense that it does not apply to the case in which it is ascertained that a minor has acquired, on the date for submitting an application relating to parental responsibility, habitual residence in a third State following a removal from that State. In such a case, the jurisdiction of the court seised must be determined in accordance with applicable international conventions, or, in the absence of such an international convention, in accordance with art. 14 of this regulation.
(SS and MCP, both Indian citizens with regular residence permits in the United Kingdom, are the parents of a child, a British citizen born in 2017. In October 2018, the mother went to India with the child, who has lived with her ever since. maternal grandmother and therefore no longer has her usual residence in the United Kingdom. The mother relied on this plea to challenge the jurisdiction of the courts of England (and Wales), called to rule on the father's request, requesting the return of the child to the United Kingdom and, in the alternative, the right of access).