Parental rights and habitual residence: insights from a complex case
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Parental rights and habitual residence: insights from a complex case
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In The Case Files, we look back at notable court cases over the last 150 years. In this episode Susie Mountain and Debbie Reekie discuss the issue of the habitual residence of a child in a case related to the separation of a couple who decided to live in different countries.
To add further complexity, the case involved parental abduction of the child. In situations like this, a key part of the judgement is to establish where the child is habitually resident, but what does this mean? And what happens if there are questions about whether a child's habitual residence has changed or not?
Working out where a child usually lives might seem simple however, with one parent moving to a new country during their separation, and differing versions of events between the mother and father, how was the decision made in this case?
The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice.