SH v MM & Anor [2011] EWHC 3314 (Fam) (13 December 2011)

The court held that a Mother’s arrangement of the removal of a child to Italy in breach of a PSO which had been served on her constituted a wrongful removal and that therefore the child remained habitually resident in the UK for the purposes of Brussells II Revised. A man claiming to be the child’s father had obtained the PSO notwithstanding his lack of parental responsibility or leave to apply for s.8 orders.