Child Abduction: Habitual Residence Update

There has recently been a trilogy of Judgments on the issue of habitual residence from the Supreme Court.

In A v A, the Supreme Court held that the test contained in previous case law (the Nilish Shah case) should be abandoned. It had also held that the test for the determination of habitual residence under the Convention, Brussels II Revised and domestic legislation should be the same.

Therefore, the test for determining whether a child was habitually resident in a given place now is: whether there was some degree of integration by the said child in a social and family environment in the given jurisdiction. Thus the determination of a child’s habitual residence is now a question of pure fact.

James Maguire & Co is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.

We can also advise on Schedule1 Children Act 1989 applications.

We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law.