The mother applied for a summary order requiring the return of the family’s two children, saying that they had acquired a habitual residence there.
Held: ‘The requisite period of time is not fixed and will depend upon the facts of each case. Bringing possessions, doing everything to establish residence before coming, having a right of abode, seeking to bring family, durable ties with the country of residence or intended residence and many other factors have to be taken into account. Habitual residence may be acquired despite the fact that the move may only have been temporary or on a trial basis. A month has been held to be ‘an appreciable period of time’ though that has been described as ‘the high water mark’ in a case where the Court of Appeal upheld the trial judge’s finding that six weeks was sufficient to result in the acquisition of a new habitual residence. ‘
Pauffley J
[2013] EWHC 850 (Fam)
Bailii
England and Wales
Children
Updated: 24 January 2022; Ref: scu.472581