Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

Habitual residence of the child revisited: a trilogy of cases in the UK Supreme Court [2014] CFLQ 342

Sep 29, 2018, 22:34 PM
Slug : habitual-residence-of-the-child-revisited-a-trilogy-of-cases-in-the-uk-supreme-court-2014-cflq-342
Meta Title : Habitual residence of the child revisited: a trilogy of cases in the UK Supreme Court [2014] CFLQ 342
Meta Keywords : Habitual residence - child abduction - Hague Convention - Brussels II bis - child-centric
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 4, 2015, 05:37 AM
Article ID : 116748
Keywords: Habitual residence - child abduction - Hague Convention - Brussels II bis - child-centric

In a recent trilogy of cases, the UK Supreme Court has adopted a new child-centric model for determining the habitual residence of a child in international custody and abduction disputes. This case commentary examines these cases in detail and analyses the implications of the new approach generally and with specific reference to two questions in relation to which the Supreme Court was divided: the need for actual presence and the relevance of the child's own perceptions. In addition, the commentary considered a number of issues related to or arising from findings of habitual residence, which are highlighted by these cases. These include the possibility of siblings being separated where they do not share a common habitual residence and the need for independent representation of children in cases where there is a dispute as to habitual residence. The author concludes that, while the new approach to habitual residence indicates increasing recognition that the Hague Abduction Convention was designed to protect children who are independent actors with rights and interests distinct from those of their parents, a truly child-centric approach requires additional changes and in particular provision of separate representation for children in far more cases.
Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from