Analyzing "Habitual Residence" Under the Hague Convention
Created on December 10, 2019
The Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") protects children from wrongful removal or retention from their habitual residence. Despite being one of the first elements that must be proven by a petitioning parent in order for the Court to hear a case arising under the Hague Convention, "habitual residence" is not defined by the text of the Hague Convention. The only guidance provided by the language of the Hague Convention is that the relevant point in time to be analyzed is "immediately before the removal or retention" and that it is the child's habitual residence that must be proven, not the habitual residence of the parents.
This course, presented by Valentina Shaknes and Justine Stringer of McLaughlin Stern, provides a deep-dive into how Courts have determined what constitutes the "habitual residence" of a child under the Hague Convention.
- Examine establishing a "settled purpose"
- Identify the difference between habitual residence and domicile and whether a child can have concurrent habitual residences based upon the text of the Hague Convention
- Discuss cases where habitual residence was not established
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