Can a Child be left without a Habitual Residence?
Habitual Residence – Art. 3 The mother’s central argument was that the children had acquired a habitual residence in England and Wales during their sabbatical year and that at the time of their removal they did not have a habitual residence in Spain. This argument was rejected by the trial judge. The President held that for the purpose of proving a change in the habitual residence of a person who moves from one country where he is habitually resident to another, it was necessary to prove: (i) physical presence/ residence in the new country; (ii) for a reasonable period of time; (iii) for a settled purpose and with a settled intention. In relation to (ii) and (iii) it had to be shown that the residence had become habitual and would, or would likely to, continue to be habitual. On the facts he held that the “family” did not move to England. The father, as the family provider, had remained in Spain, habitually resident there, doing up the family home for occupation on their return. The mo
