ECJ Area of Freedom, Security And Justice – Opinion – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Definition of civil matters Jurisdiction over decisions on parental responsibility – Habitual residence of a child Provisional measures.
A family had originally lived in Finland but then moved to live in Sweden. Some years later, they travelled to Finland in a camper van, originally for the holidays, moving from campsite to campsite and the children did not go to school. But in October the parents applied to the Finnish authorities for social housing. So were the children habitually resident in Finland?
Held: Advocate General Kokott stressed that habitual residence had to be distinguished from mere presence, and also from ‘the legalistic concept of domicile’. She proposed that it should correspond to ‘the actual centre of interests of the child’; the court should take account of all factors present when it was seised of the case; the duration and regularity of residence and the child’s familial and social integration may be particularly significant.
Judges:
Kokott AG
Citations:
C-523/07, [2009] EUECJ C-523/07 – O
Links:
Statutes:
Jurisdiction:
European
Cited by:
Opinion – A (Area of Freedom, Security and Justice) ECJ 2-Apr-2009
ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 . .
Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 22 July 2022; Ref: scu.280397