General ground of jurisdiction – Article 8
The key connecting factor in the Regulation is habitual residence. The national court determines where the child is habitually resident. A court has jurisdiction under Article 8 when the child is habitually resident within the territory. Finding the child’s habitual residence should find the court with the closest connection to the child.
Case C-523/07 A [2009] E.C.R. I-02805 – the child’s habitual residence is the place where the centre of the child’s interests are. There must be some degree of integration by the child in their social and family environment. Consider:
- duration and regularity of residence in a Member State;
- conditions and reasons for stay on the territory and the family’s move;
- child’s nationality;
- place of attendance at school;
- family and social relationships of the child;
- linguistic knowledge.
Back to the case study
- Where is Blossom habitually resident?
Blossom has been in The Netherlands for 2 years with family unit which moved for work purposes and has spent holidays in Spain. She has Spanish nationality. She attends a Dutch school taught in English; speaks Spanish, English and some Dutch; and has friends in The Netherlands, family and friends in Spain.