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Habitual problems in applying the concept of habitual residence of children
International Journal of Law, Policy and The Family, Volume: 40, Issue: 1, Start page: ebag018
Swansea University Author: Alison Perry
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© The Author(s) 2026. This is an Open Access article distributed under the terms of the Creative Commons Attribution License.
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DOI (Published version): 10.1093/lawfam/ebag018
Abstract
Conceived as a simple factual test that will readily identify the jurisdiction best placed to determine disputes concerning children, habitual residence has not proved easy to apply. This article considers the meaning of habitual residence in international instruments concerning children, drawing up...
| Published in: | International Journal of Law, Policy and The Family |
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| ISSN: | 1360-9939 1464-3707 |
| Published: |
Oxford University Press (OUP)
2026
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| Online Access: |
Check full text
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa71705 |
| Abstract: |
Conceived as a simple factual test that will readily identify the jurisdiction best placed to determine disputes concerning children, habitual residence has not proved easy to apply. This article considers the meaning of habitual residence in international instruments concerning children, drawing upon the jurisprudence developed in different jurisdictions. It maintains that the concept of habitual residence of children does not vary according to the instrument involved nor is it a purely factual concept. It considers the relevance of parental intention, explores whether some physical presence is a prerequisite for establishing habitual residence, whether a child can have more than one concurrent habitual residence, and the relevance of the child’s age. This article ends with a discussion of the appropriateness of the concept and what, if anything, can be done to clarify its application. |
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| Keywords: |
habitual residence, children, integration test, hybrid test, parental intention, physical presence, child’s age |
| College: |
Faculty of Humanities and Social Sciences |
| Issue: |
1 |
| Start Page: |
ebag018 |