Habitual Residence in UK Law

Leading Cases
  • LC (Children)
    • Supreme Court
    • 15 Enero 2014

    Where a child of any age goes lawfully to reside with a parent in a state in which that parent is habitually resident, it will no doubt be highly unusual for that child not to acquire habitual residence there too.

    The quality of a child's stay in a new environment, in which he has only recently arrived, cannot be assessed without reference to the past. Some habitual residences may be harder to lose than others and others may be harder to gain. If a person leaves his home country with the intention of emigrating and having made all the necessary plans to do so, he may lose one habitual residence immediately and acquire a new one very quickly.

  • Re J (A Minor) (Abduction: Custody Rights)
    • House of Lords
    • 26 Julio 1990

    The third point is that there is a significant difference between a person ceasing to be habitually resident in country A, and his subsequently becoming habitually resident in country B. A person may cease to be habitually resident in country A in a single day if he or she leaves it with a settled intention not to return to it but to take up long-term residence in country B instead. An appreciable period of time and a settled intention will be necessary to enable him or her to become so.

  • Re B (A Child) (Habitual Residence: Inherent Jurisdiction)
    • Supreme Court
    • 03 Febrero 2016

    The concept operates in the expectation that, when a child gains a new habitual residence, he loses his old one. As, probably quite quickly, he puts down those first roots which represent the requisite degree of integration in the environment of the new state, up will probably come the child's roots in that of the old state to the point at which he achieves the requisite de-integration (or, better, disengagement) from it.

  • Re L (A Child) (Custody: Habitual Residence)
    • Supreme Court
    • 04 Diciembre 2013

    Nevertheless, it is clear that parental intent does play a part in establishing or changing the habitual residence of a child: not parental intent in relation to habitual residence as a legal concept, but parental intent in relation to the reasons for a child's leaving one country and going to stay in another.

  • A v A (Children: Habitual Residence)
    • Supreme Court
    • 09 Septiembre 2013

    Fourthly, and perhaps for that reason, the English courts have been tempted to overlay the factual concept of habitual residence with legal constructs.

  • R v Barnet London Borough Council, ex parte Nilish Shah
    • House of Lords
    • 16 Diciembre 1982

    Unless, therefore, it can be shown that the statutory framework or the lesal context in which the words are used requires a different meaning, I unhesitatingly subscribe to the view that "ordinarily resident" refers to a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration.

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