header-logo header-logo

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

New signposts?

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll