Family Law Hub

Habitual Residence

Latest updates

  • In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Judgment, 06/08/2018, free
  • The judge ruled that all proceedings concerning the children, who had been living with the mother's husband in Alaska for 3 years (the mother being in custody in the UK facing charges of child abduction), should come to an end as the children were habitually resident in Alaska. Judgment, 30/07/2018, free
  • Father's application for the summary return of the child from Spain to the UK was dismissed on the basis that the child had either not lost his habitual residence in Spain, or had re-acquired it, and so the UK courts did not have jurisdiction in relation to the child or his upbringing. Judgment, 03/05/2018, free
  • Appeal by father against an order declaring that the children were habitually resident in Canada and that the court had no jurisdiction to determine the application by the children's father for a child arrangements order and prohibited steps order under the Children Act 1989 as amended, and further discharged an earlier prohibited steps order under which the mother had been prohibited from removing the children from England and Wales. Appeal dismissed. Judgment, 09/03/2018, free
  • Father's application to return child to Switzerland, following alleged wrongful abduction. Dismissed on grounds that the child was habitually resident in the UK. Judgment, 15/02/2018, free

Latest know-how

  • In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Case note, 06/08/2018, members only
  • President's Guidance announcing promulgation of the long awaited standard orders for children cases Practice note, 07/06/2018, free
  • In a tweet: Repudiatory retention is possible in 1980 Hague Convention proceedings Case note, 11/04/2018, members only
  • In a tweet: Must examine situation facing child when assessing grave risk of physical or psychological harm Case note, 19/01/2018, members only
  • In a tweet: Inconsistent judgments in two EU states Case note, 19/01/2018, members only

Latest training

  • Training notes to accompany Timothy Scott QC's recorded webinar on International Family Law Training note, 09/10/2013, members only
  • Timothy Scott QC rounds up all the latest developments in international family law touching on case law and policy developments such as how the Maintenance Regulation is operating 2 years on, an update on BIIR cases and staying proceedings and Hemain injunctions. Webcast, 09/10/2013, members only
  • Six questions, worth an hour of CPD, on the cases of HB v PB [2013] EWHC 1956 (Fam); DL v EL [2013] EWCA Civ 865 and K v D [2013] EWHC 796 (Fam) CPD course, 03/09/2013, members only
  • CPD course, 01/05/2012, free
  • A foundation course for practitioners seeking to understand the principles and key regulations of European family law Training note, 01/05/2012, members only

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Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

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