header-logo header-logo

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

The child’s voice

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll