The test for determining whether a child was habitually resident in a place is whether there was some degree of integration by her (or him) in a social and family environment there, may the court, in making that determination in relation to an adolescent child who has resided, particularly if only for a short time, in a place under the care of one of her parents, have regard to her own state of mind during her period of residence there in relation to the nature and quality of that residence? In my view this is the principal question raised by these appeals.
Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Toulson, Lord Hodge
[2014] UKSC 1, [2014] Fam Law 408, [2014] 1 All ER 1181
Bailii
Hague Convention on the Civil Aspects of International Child Abduction 1980, Child Abduction and Custody Act 1985
England and Wales
Cited by:
Cited – Re B (A Child) SC 3-Feb-2016
Habitual Residence of Child not lost
(Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The . .
Lists of cited by and citing cases may be incomplete.
Children, International
Updated: 28 November 2021; Ref: scu.519756