In its ruling, the Supreme Court outlined several factors for courts to consider when determining a child’s habitual residence. This move ensures that a comprehensive, fact-based inquiry is in every case.

This judicial clarification has far-reaching implications, particularly for cross-border disputes. In a Hague Convention case, a court’s first step is to determine the child’s habitu

Q: What is habitual residence in family law?

A: Habitual residence is the legal term for a child’s primary home. It determines which country’s courts have jurisdiction over matters like custody and child abduction.

Q: How did the Supreme Court change the rules?

A: The Supreme Court moved away from a “parental intention” test to a more flexible, contextual approach. The focus is now on the child’s lived reality and sense of being “at home” in a place, not just on the parents’ plans.

Q: Why did the Supreme Court make this change?

A: The Court found that the old parental intention test often failed to protect vulnerable people, particularly women and children fleeing family violence. The new approachstody or abduction dispute, it is crucial to consult with a family law professional who understands these new rules. Protect your rights and, most importantly, your child’s well-being. Contact us today for a free consultation.