Family Law Hub

Habitual Residence

Latest updates

  • Father's application for the summary return of the child from Spain to the UK was dismissed on the basis that the child had either not lost his habitual residence in Spain, or had re-acquired it, and so the UK courts did not have jurisdiction in relation to the child or his upbringing. Judgment, 03/05/2018, free
  • Appeal by father against an order declaring that the children were habitually resident in Canada and that the court had no jurisdiction to determine the application by the children's father for a child arrangements order and prohibited steps order under the Children Act 1989 as amended, and further discharged an earlier prohibited steps order under which the mother had been prohibited from removing the children from England and Wales. Appeal dismissed. Judgment, 09/03/2018, free
  • Father's application to return child to Switzerland, following alleged wrongful abduction. Dismissed on grounds that the child was habitually resident in the UK. Judgment, 15/02/2018, free
  • Mother's appeal, and father's cross appeal, in Abduction Convention proceedings where she had remained in the UK with the children after a planned visit from Australia. Appeal allowed by a 3:2 majority with Lords Kerr and Wilson dissenting. Judgment, 15/02/2018, free
  • Mother's appeal against an order which ordered that the children be returned to the UK from Poland was refused. Judgment, 09/02/2018, free

Latest know-how

Latest training

  • Training notes to accompany Timothy Scott QC's recorded webinar on International Family Law Training note, 09/10/2013, members only
  • Timothy Scott QC rounds up all the latest developments in international family law touching on case law and policy developments such as how the Maintenance Regulation is operating 2 years on, an update on BIIR cases and staying proceedings and Hemain injunctions. Webcast, 09/10/2013, members only
  • Six questions, worth an hour of CPD, on the cases of HB v PB [2013] EWHC 1956 (Fam); DL v EL [2013] EWCA Civ 865 and K v D [2013] EWHC 796 (Fam) CPD course, 03/09/2013, members only
  • CPD course, 01/05/2012, free
  • A foundation course for practitioners seeking to understand the principles and key regulations of European family law Training note, 01/05/2012, members only


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