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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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