Residency and children’s view

‘Habitual residence’ in is an important issue in an international tug-of-war over where children should live.
The Supreme Court ruled, in LC (Children) (No 2), when considering the issue of habitual residence (determined by whether there has been some degree of integration by the child in the social and family environment in the country), regard should be given to child’s state of mind at the relevant time – that is to say, the period she lived abroad.
The importance of the issue to secure a finding that the children were habitually resident in England is this. EU entries are bound by EU law, which takes precedence over the Hague Convention.
Children’s views
The judges stressed the importance of taking into account the children’s perception and views of where they habitually lived. Children have increased exposure to different countries and cultures, and increasingly the courts will seek their views not just rely upon their parents input.
Parents who wish to relocate with their children, should prepare children properly for the move and making an effort to settle them afterwards.
If the ‘left behind’ parent becomes concerned, evidence should be obtained as to the child’s state of mind, with particular emphasis on how well they have or have not integrated. The child is old enough, this is likely to be crucial to the question of habitual residence, and therefore jurisdiction.
If you have a problem with a residence order/contact or children moving abroad, consult the experts.
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