58Thus, a spouse who seeks to rely on the ground of jurisdiction provided for in the fifth or sixth indents of Article 3(1)(a) of Regulation No 2201/2003 must necessarily have transferred his or her habitual residence to the territory of a Member State other than that of the former common habitual residence and therefore, first, have manifested an intention to establish the habitual centre of his or her interests in that other Member State and, secondly, have demonstrated that his or her presence in the territory of that Member State shows a sufficient degree of stability.
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