Habitual Residence in UK Law

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

    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 B (A Child) (Habitual Residence: Inherent Jurisdiction)
    • Supreme Court
    • 03 February 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 J (A Minor) (Abduction: Custody Rights)
    • House of Lords
    • 26 July 1990

    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. Such a person cannot, however, become habitually resident in country B in a single day. An appreciable period of time and a settled intention will be necessary to enable him or her to become so.

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

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

  • Re L (A Child) (Custody: Habitual Residence)
    • Supreme Court
    • 04 December 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.

  • M (Children) (Habitual Residence: 1980 Hague Child Abduction Convention)
    • Court of Appeal (Civil Division)
    • 25 August 2020

    Further, the analogy needs to be used with caution because if it is applied as though it is the test for habitual residence it can, as in my view is demonstrated by the present case, result in the court's focus being disproportionately on the extent of a child's continuing roots or connections with and/or on an historical analysis of their previous roots or connections rather than focusing, as is required, on the child's current situation (at the relevant date).

  • R v Barnet London Borough Council, ex parte Nilish Shah
    • House of Lords
    • 16 December 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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Books & Journal Articles
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Law Firm Commentaries
  • UK Government Response to Common European Sales Law Proposal
    • JD Supra United Kingdom
    After years of fierce negotiation, the European Commission published its controversial draft Regulation for a common European sales law (CESL) on 11 October 2011. The draft specifies that the adop...
    ...... be used to govern transactions where at least one party has its habitual residence in the European Union, and it applies only to ......
  • When Does A Child Become Habitually Resident?
    • Mondaq UK
    ......, the application of this rule by the courts of England and Wales has not been straightforward, with decisions concerning the habitual residence of children having been appealed to our highest court, the Supreme Court, no less than five times since 2013. This article considers the nuances ......
  • The Repercussions Of Family Breakdown Abroad
    • Mondaq UK
    ...... The removal of a child from their place of habitual residence by a parent can constitute child abduction. By moving abroad as ......
  • Brexit And Private Client Issues
    • Mondaq UK
    ...... Under Article 4, the court of the deceased's habitual residence has jurisdiction by default in all succession matters. Under ......
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