The Convention mandates return of any child who was “habitually resident” in a contracting nation immediately before an action that constitutes a breach of custody or access rights. The Convention does not define the term “habitual residence,” but it is not intended to be a technical term. Instead, courts should broadly read the term in the context of the Convention’s purpose to discourage unilateral removal of a child from that place in which the child lived when removed or retained, which should generally be understood as the child’s “ordinary residence.” The child’s “habitual residence” is not determined after the incident alleged to constitute a wrongful removal or retention. A parent cannot unilaterally create a new habitual residence by wrongfully removing or sequestering a child. Because the determination of “habitual residence” is primarily a “fact based” determination and not one which is encumbered by legal technicalities, the court must look at those facts, the shared intentions of the parties, the history of the children’s location and the settled nature of the family prior to the facts giving rise to the request for return.
Read more about this topic: Hague Convention On The Civil Aspects Of International Child Abduction
Other articles related to "habitual residence":
... The test for habitual residence is less demanding ... A person can have only one habitual residence ... Since habitual residence is a test of fact, it cannot be a purely legal concept and there are different views about the factual situations which it is supposed to denote ...
... any protections available under the mandatory law of the country in which he has his habitual residence if the consumer was responding to advertising material or a specific invitation and makes the ... the contract is silent on the choice of law, it will be governed by the law of habitual residence if it is entered into in the circumstances ... in a country other than that in which he has his habitual residence ...
2 for the application of the law to any common habitual residence between the parties ... The concept of habitual residence is the civil law equivalent of the common law test of lex domicilii. 4 selects the law of the injured party's habitual residence if the product was marketed there with the consent of the defendant ...
Famous quotes containing the words residence and/or habitual:
“If you would feel the full force of a tempest, take up your residence on the top of Mount Washington, or at the Highland Light, in Truro.”
—Henry David Thoreau (18171862)
“People talk about the courage of condemned men walking to the place of execution: sometimes it needs as much courage to walk with any kind of bearing towards another persons habitual misery.”
—Graham Greene (19041991)