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
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

Jurisdiction and habitual residence: those fifth and sixth indents!

Jun 27, 2019, 13:41 PM
Slug :
Meta Title : Jurisdiction and habitual residence: those fifth and sixth indents!
Meta Keywords :
Canonical URL :
Trending Article : Yes
Prioritise In Trending Articles : No
Date : Jun 26, 2019, 23:00 PM
Article ID :

David Hodson and Stuart Clark, partners at The International Family Law Group LLP, explore the concepts of residence and habitual residence in the context of Indents 5 and 6 of Article 3(1) of the Brussels II Regulation. These indents, commonly used by so-called forum shoppers seeking jurisdiction to issue divorce proceedings in England and Wales, use separate but overlapping concepts of residence and habitual residence. What do these terms mean? What is required for the six or twelve months prior to the date of issue? This article explores these issues in light of case law since Marinos and Munro in 2007 bringing in recent developments, including the missed opportunity in De Gafforj and the judgment of Moor J in Pierburg. These concepts must be seen in the international dimension in which they have come in to use in English law and this article goes on to discuss residence and habitual residence in an EU context including the apparent differences linguistically and in practice across the member states.


The full article will be published in the July issue of Family Law
 
 
 

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

 

 

 

 


Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from