Habitual Residence in UK Law
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LC (Children)
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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.
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Re J (A Minor) (Abduction: Custody Rights)
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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.
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Re B (A Child) (Habitual Residence: Inherent Jurisdiction)
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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.
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Re L (A Child) (Custody: Habitual Residence)
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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.
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A v A (Children: Habitual Residence)
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Fourthly, and perhaps for that reason, the English courts have been tempted to overlay the factual concept of habitual residence with legal constructs.
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R v Barnet London Borough Council, ex parte Nilish Shah
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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.
- The Housing Benefit (Habitual Residence) Amendment Regulations 2014
- The Social Security (Habitual Residence) (Amendment) Regulations 2014
- The Jobseeker's Allowance (Habitual Residence) Amendment Regulations 2014
- The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022
- The Continuing Refinement of Habitual Residence: R, Petitioner
- Habitual Residence: Fact or (Legal) Fiction? Commentary on the Case of I v Health Service Executive at the European Court of Justice
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Tort conflicts rules in cross-border multi-party litigation: Which law has a closer or the closest connection?
This article compares Owen v. Galgey under Article 4 Rome II Regulation and YANG Shuying v. British Carnival Cruise under Article 44 Chinese Conflicts Act in the context of cross-border multi-party...... ... of lex loci delicti , the notion of ‘damage’, the common habitual residence of the parties and the criteria to determine the closer/ closest ... ...
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Demagnetisation of Social Security and Health Care for Migrants to the UK
Over the past two decades, starting with the social security ‘habitual residence’ test, UK governments have maintained a consistent policy of restricting the access of migrants to welfare benefits ...... ... Over the past two decade s, starting with the social security ‘ habitual residence’ test, UK governments have maintained a consi stent policy of ... ...
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UK Government Response to Common European Sales Law Proposal
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 ... ...
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When Does A Child Become Habitually Resident?
... ... Wales has not been straightforward, with decisions concerning the habitual residence of children having been appealed to our highest court, the ... ...
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Can I Apply To Divorce In England And Wales?
... ... What is habitual residence? ... The meaning of habitual residence is not straightforward ... ...
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The Repercussions Of Family Breakdown Abroad
... ... The removal of a child from their place of habitual residence by a parent can constitute child abduction. By moving abroad as ... ...
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Certificate referred to in Article 42(1) of Council Regulation (EC) No. 2201/2003 of 27 November 2003(1) concerning the return of the child
Standard directions forms under the Children Act.... ... child after its return to the Member State of habitual residence ... Names of parties to whom legal aid has been granted ... ...
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Application under the Child Abduction and Custody Act 1985 or Article 11 of Council Regulation (EC) 2201/2003
Standard directions forms under the Children Act.... ... the child after its return to ... the Member State of habitual ... residence of which you are ... aware and details of any person ... ...
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Application for a Convention Adoption Order (Section 46 Adoption and Children Act 2002)
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... f) My nationality is ... f) My nationality is ... Habitual Residence ... Please indicate whether the United Kingdom is the receiving ... ...
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Apply for a declaration about whether a named person is the parent of another named person
Standard directions forms under the Children Act.... ... hear the application is based ... on habitual residence state ... the addresses of the places ... of residence of the ... ...