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Court Report: Children can stay in Bangladesh

Case name: Re H Case number: EWCA Civ 1101 [2014]

Judge: Lady Justice Black

Location: Court of Appeal

A Bangladeshi man, who also held British citizenship, made an unsuccessful application for the return of his children from Bangladesh where the mother and his two children, both British citizens, remained after a trip in 2008.

Both parents had parental responsibility towards the children and the Court of Appeal examined whether barring a parent from individually changing the habitual residence of a child, in such a scenario, was still good law.

The man claimed that both children had been retained wrongfully and sought their return. However, he had already pursued and completed an action to this end in the Bangladesh legal system.

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