Abduction and the court’s powers to determine habitual residence

16 Feb 2016

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) [2016] 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...

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