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1. The courts of a Member State shall have jurisdiction in matters of parental responsibility where the following conditions are met:

(a) the child has a substantial connection with that Member State, in particular by virtue of the fact that:

(i) at least one of the holders of parental responsibility is habitually resident in that Member State;

(ii) that Member State is the former habitual residence of the child; or (iii) the child is a national of that Member State;

(b) the parties, as well as any other holder of parental responsibility have:

(i) agreed freely upon the jurisdiction, at the latest at the time the court is seised; or (ii) expressly accepted the jurisdiction in the course of the proceedings and the court has ensured that all the parties are informed of their right not to accept the jurisdiction; and (c) the exercise of jurisdiction is in the best interests of the child.

2. A choice of court agreement pursuant to point (b) of paragraph 1 shall be in writing, dated and signed by the parties concerned or included in the court record in accordance with national law and procedure. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to 'writing'. Persons who become parties to the proceedings after the court was seised may express their agreement after the court was seised. In the absence of their opposition, their agreement shall be regarded as implicit.

3. Unless otherwise agreed by the parties, the jurisdiction conferred in paragraph 1 shall cease as soon as:

(a) the decision given in those proceedings is no longer subject to ordinary appeal; or (b) the proceedings have come to an end for another reason.

4. The jurisdiction conferred in point (b)(ii) of paragraph 1 shall be exclusive.