header-logo header-logo

New signposts?

15 November 2013 / Clare Renton
Issue: 7584 / Categories: Features , Family
printer mail-detail
web_renton

What does the future hold for habitual residence, asks Clare Renton

The concept of habitual residence underpins jurisdiction in much English family law. It is critical in many if not most cases involving divorce, maintenance and children. Without habitual residence in England on the critical date, the court may be obliged to wash its hands of the matter. The reported cases repeatedly emphasise that habitual residence is a question of fact. That being so, one might wonder why the issue spawns so many cases at a high judicial level. There are decisions in the European Court of Justice (ECJ) on interpretation in the EU context, more under the Hague Abduction Convention 1980, others under domestic legislation. In particular the habitual residence of dependent children is been fraught with uncertainty.

In September 2013 the Supreme Court handed down its judgment in the case of Re A (Children) [2013] UKSC 60, [2013] 3 WLR 761, to family practitioners agog with expectation. The lead judgments were given by Baroness Hale and Lord Hughes. The facts of the case

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll