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24 January 2014
Issue: 7591 / Categories: Case law , Law digest , In Court
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Family law

Re LC (Children) [2014] UKSC 1, [2014] All ER (D) 62 (Jan)

The courts might, in making a determination of habitual residence in relation to an adolescent child who had resided in a place under the care of one of her parents, have regard to her own state of mind during her period of residence there in relation to the nature and quality of that residence. It was settled law that the courts were required to search for some integration on the part of the child in a social and family environment in the suggested state of habitual residence. Where a child of any age went lawfully to reside with a parent in a state in which that parent was habitually resident, it would no doubt be highly unusual for that child not to acquire habitual residence there too. The same might be said of a situation in which, perhaps after living with a member of the wider family, a child went to reside there with both parents. However, in highly unusual cases there had to be

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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