header-logo header-logo

13 January 2012 / Simon Blain
Issue: 7496 / Categories: Features , Child law , Family
printer mail-detail

Presence v residence

Are we edging towards a single, universally applicable, “test” of habitual residence? Simon Blain reports

“Where does my client live?” That is one of those apparently simple questions that family lawyers face on a regular basis, which turn out to have far from simple answers.

Three recent cases bring some welcome clarity to this fascinating area of the law, although we are still some way from having a single, universally applicable, “test” of habitual residence. The test remains different, depending on whether or not one is dealing with a European case to which Regulation (EC) No 2201/2003 (Brussels II Revised) applies.

Relevant factors

On a referral from the Court of Appeal the European Court of Justice (ECJ) was asked to clarify the appropriate test for determining the habitual residence of a child for the purposes of Arts 8 and 10 of Brussels II Revised (Mercredi v Chaffe [2010] EU ECJ C – 497/10).

The mother was born on the French Indian Ocean island of Réunion and is French. The father is British. The parents lived together in England as an unmarried couple.

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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll