Family Law Hub

LC (children) [2014] UKSC 1

Judgment, published: 06/04/2014

Items referring to this

  • This case concerned the habitual residence of two children who were born and raised in France. The mother moved to Scotland with the children with the agreement of the father, who remained in France. The intention was that the mother and children would stay in Scotland for about a year. The relationship broke down while she was still in Scotland. The issue at stake was whether the children were habitually resident in Scotland (as contended by the mother) or France (as contended by the father). The Outer House of the Court of Session concluded that the children were still habitually resident in France. The Inner House reversed that decision and ruled that they were habitually resident in Scotland. The father appealed. The important consideration for the Supreme Court was whether the residence had the necessary quality of stability, not whether it was necessarily intended to be permanent. They ruled that the children were habitually resident in Scotland. Judgment, 22/05/2015, free
  • Judgment concerning habitual residence of a child involving a mother in the UK and a father in Singapore, where the father claimed the mother's consent in removing the child. The judge found that the child had not acquired habitual residence in Singapore and ordered return with a penal notice attached. Judgment, 03/04/2014, free

Published: 06/04/2014

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