The traditional approach of assessing whether a child has lost or gained habitual residence in a country relied heavily on parental intention at the time of abduction. Following the Supreme Court decision in B [a child] (Habitual Residence: Inherent Jurisdiction)  UKSC 4 it is clear that parental intention is only one of the factors to be considered. The judgment confirms that the identification of a child’s habitual residence requires analysis of all relevant factors to examine where a child has the greater degree of family and social integration as well as their understanding of the purpose of the move.
This approach is consonant with the European interpretation of habitual residence and criterion set ou...
This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content
The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.
To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on email@example.com.