RECENT DEVELOPMENTS ON THE MEANING OF “HABITUAL RESIDENCE” IN ALLEGED CHILD ABDUCTION CASES

Paul Beaumont and Jayne Holliday

Paul Beaumont, Professor of European Union and Private International Law and Director of the Centre for Private International Law, School of Law, University of Aberdeen.

Jayne Holliday, Research Assistant and Secretary of the Centre for Private International Law, School of Law, University of Aberdeen.

I. Introduction

At the conference on “Private International Law in the Jurisprudence of European Courts – Family at Focus” held in Osijek, Croatia, June 2014, an overview of the recent developments within European and International Family Law was presented by Professor Beaumont that included analysis of the law of maintenance, surrogacy, same sex relationships, custody issues, child abduction and recognition and enforcement of agreementsin family law matters. Drawing from that presentation, this article will focus on the recent developments on the meaning of habitual residence in child abduction casesfrom the UK Supreme Court and the Court of Justice of the European Union (CJEU), in particular the move by the UK Supreme Court towards a more uniform definition of habitual residence in line with the jurisprudence of the CJEU under the Brussels IIa Regulation.

Disponível em: <http://www.abdn.ac.uk/law/research/working-papers-455.php>. Acesso em: 08 set. 2015.