header-logo header-logo

13 January 2012 / Simon Blain
Issue: 7496 / Categories: Features , Child law , Family
printer mail-detail

Presence v residence

Are we edging towards a single, universally applicable, “test” of habitual residence? Simon Blain reports

“Where does my client live?” That is one of those apparently simple questions that family lawyers face on a regular basis, which turn out to have far from simple answers.

Three recent cases bring some welcome clarity to this fascinating area of the law, although we are still some way from having a single, universally applicable, “test” of habitual residence. The test remains different, depending on whether or not one is dealing with a European case to which Regulation (EC) No 2201/2003 (Brussels II Revised) applies.

Relevant factors

On a referral from the Court of Appeal the European Court of Justice (ECJ) was asked to clarify the appropriate test for determining the habitual residence of a child for the purposes of Arts 8 and 10 of Brussels II Revised (Mercredi v Chaffe [2010] EU ECJ C – 497/10).

The mother was born on the French Indian Ocean island of Réunion and is French. The father is British.

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: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll