header-logo header-logo

New signposts?

15 November 2013 / Clare Renton
Issue: 7584 / Categories: Features , Family
printer mail-detail
web_renton

What does the future hold for habitual residence, asks Clare Renton

The concept of habitual residence underpins jurisdiction in much English family law. It is critical in many if not most cases involving divorce, maintenance and children. Without habitual residence in England on the critical date, the court may be obliged to wash its hands of the matter. The reported cases repeatedly emphasise that habitual residence is a question of fact. That being so, one might wonder why the issue spawns so many cases at a high judicial level. There are decisions in the European Court of Justice (ECJ) on interpretation in the EU context, more under the Hague Abduction Convention 1980, others under domestic legislation. In particular the habitual residence of dependent children is been fraught with uncertainty.

In September 2013 the Supreme Court handed down its judgment in the case of Re A (Children) [2013] UKSC 60, [2013] 3 WLR 761, to family practitioners agog with expectation. The lead judgments were given by Baroness Hale and Lord Hughes. The facts of the case

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll