What does ‘habitual residence’ mean?
Habitual residence is an important concept in national legislation, in the EU Brussels II ter Regulation and in the Hague Child Abduction Convention.
The Child Abduction Convention does not define habitual residence. It is up to the judges in the different countries to interpret this.
The European Court of Justice has given the following interpretation:
A child’s habitual residence corresponds to the place where in fact the center of his life is located. The judge must determine where that center is located by reference to a series of corresponding factors.
It is the place that expresses a certain integration of the child in a social and family environment. To this end, the duration, regularity, circumstances and reasons for the stay in the territory of a State and for the family’s move to that State, the child’s nationality, the place where and the conditions under which the child attends school, language skills and the child’s family and social ties in that State must all be taken into account, among other things.
Read more about habitural residence. Among other things, you can read more about how you can deliver proof of what you believe is the habitural residence of your child in a court procedure.
Read more about International Child Abduction
Read more about child relocation
Visit the country page of you country to read about child relocation and child abduction: Choose a country
Read these blogs about habitual residence:
Habitual residence in appeal court (Canada)
Habitual residence of baby after 2 relocations (Canada)
The habitual residence of a baby (U.S.)
Visit the U.S. Government website about International Child Abduction
All blogs from The Author:
- Family Law Watch List (Airport Watch List) – Australia
- 11 Red flags for parental child abduction
- Golan v. Saada
- 12 months of suspended prison sentence
- The interests of children in the Divorce Act
- Temporary, but not
- No return during pending asylum application
- How not to involve the children
- No grave risk exception
- Article 15 Determination
- Return to Madrid ? No, to Spain.
- Habitual residence in appeal court
- Intolerable situation
- U.S. : Protective measures
- Rights of custody
- Compensation of court costs
- Enforcement: 10 days of coercive detention
- Monasky v. Taglieri
- Mediation in Germany
- Permission to move not required
- U.S. : enforcement of a return order
- Habitual residence
- Guides to Good Practice
- Mother had sole custody, but must return the child
- Chafin v. Chafin