If parents move quickly from one country where they have been living to another, and one of them returns ‘home’ with their child , what factors will influence the court in deciding which of the two countries is that of habitual residence for the purposes of Hague Convention proceedings to return the minor to the ‘new’ country ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Where parents move from one country to another much of the Hague Convention proceedings for the return of an allegedly abducted minor will centre on which of the two countries is, indeed, that of habitual residence for the minor/s. Habitual residence can be lost in a day if there is a settled intention of taking up long term residence elsewhere and not returning, according to UK Hague decisions. However, where one parent alone changes his place of habitual residence , and two parents have joint parental responsibility for minors, the parent acquiring new habitual residence for himself cannot do this unilaterally for the children , and claim that they have a new country of habitual residence.