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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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