Habitual residence Archives - Careful Child Relocation

Habitual residence – UK

Feb 9, 2023 | Child abduction, Habitual residence, UK - England and Wales case law

By Forum Shah, Dawson Cornwell – London, UK Family Court, London, UK July 29 2022, WC2A2LL The team from Dawson Cornwell reprisented the applicant father in this case. The father, a Spanish and British national, sought the return of a child aged 4 to the Kingdom...

Habitual residence in appeal court

Jun 4, 2022 | Canada Ontario, Child abduction, Habitual residence

Habitual residence in appeal court If the court in Canada – Ontario made a decision about where the child has his or her habitual residence, the appeal court can intervene only if there is an obvious error in the trial decision that is determative of the outcome...

Habitual residence

Jun 1, 2022 | Canada - Ontario case law, Child abduction, Grave risk, Habitual residence

Habitual residence Balev v. Baggott, Court of Appeal for Ontario, Canada 13 September 2016, ONCA 680 The 2 children were wrongfully retained at ages 11 and 8. The children are nationals of Canada. The parents were married. The father and the mother are also nationals...

The habitual residence of a baby

May 26, 2022 | Child abduction, Habitual residence, U.S. case law

The habitual residence of a baby Monasky v. Taglieri Supreme Court of the United States, February 25 2020 In Monasky v. Taglieri the Supreme Court rejected Monasky’s argument that an actual agreement was required in order to establish shared parental intent....

One place of habitual residence

May 22, 2022 | Habitual residence, Martine Wernsen, The Netherlands case law, Uncategorized

One place of habitual residence Court of Appeal The Hague, The Netherlands April 3, 2019 In child abduction cases, the court must determine where the child had his or her habitual residence immediately prior to his or her removal or retention. Sometimes a child may...

What does ‘habitual residence’ mean?

Jan 26, 2022 | Blog, Child abduction, Habitual residence

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...