header-logo header-logo

The child’s voice

28 March 2014 / Kirstie Gibson
Issue: 7600 / Categories: Features , Family
printer mail-detail
web_gibson

Kirstie Gibson considers the approach taken by the court to determine the habitual residence of a child

The determination of the habitual residence of a child has recently come under scrutiny in the Supreme Court decision of Re LC (Children) [2014] UKSC 1, [2014] 1 All ER 1181. This case sees a shift towards increased consideration of the child’s state of mind and the possibility that a child may have a different habitual residence from a parent with whom they lived.

Re LC (Children) concerned the alleged wrongful retention of four children: T aged 13, L aged 10, A aged 8 and N aged 4 who were all born in England and lived here until summer 2012. Their father is British and lives in England. Their mother is Spanish and now lives in Spain. The parent’s relationship ended in early 2012. In July 2012 the mother took the children from England to Spain to start a new life, without the father’s consent. The mother and the children lived in Spain at the maternal grandmother’s

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll