[2006] EWHC 2199 (Fam)

A child who had been born and lived all her life in Israel with her mother, who had left Wales for Israel while pregnant, was not habitually resident in England and Wales whether or not the mother had intended to return to the jurisdiction, since some element of physical presence was required in order to establish habitual residence.

Fam Div (Hedley J)

25/08/2006