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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll