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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll