Child arrangements disputes about habitual residence
Child arrangements disputes about habitual residence can be very difficult to understand and may need to be tested by a senior judge according to Cheshire family solicitors Stonehewer Moss but a recent case authority may help your solicitor advise you in the event that parents disagree about the correct country in which a court dispute concerning your child should be heard. Today it is getting common for parents to be from outside the UK and the arrangements the parents have may be subject to interpretation far different by each parent concerning their plans for the children when they separate. If the issue is of child abduction or short of that, the court may be asked to decide in which jurisdiction the child is habitually resident. If not habitually resident in the UK, the court here may have to decline to deal with it and the decision about which parent looks after the child in the future will be decided by an overseas court. Child arrangements disputes about habitual residence are preliminary court disputes before the court will accept jurisdiction.
The recent case authority of AG v BG 2018 sets out at paragraphs 14 – 28 the law that applies concerning assessment of habitual residence. The good news is that if the habitual residence is unclear, the court here keeps the case. You may be forgiven for thinking that jurisdiction jurisprudence is unclear and your desire to resolve the issue here a dead certainty but the judges that have experience of this issue are highly intelligent and you may find yourself a baffled bystander while legal concepts are pondered with seemingly little to do with the welfare of a child. If other issues are a concern about the welfare of a child, a balance may have to be struck. If a child has no habitual residence, it is possible and subtly different to finding it is unclear, the result is the same and the court here deals with it. As you can probably tell, the decision whether the court here can decide the future of a child is a matter of debate and worth exploring in detail. Child arrangements disputes about habitual residence are sometimes a matter of interpreting the plans of parents with international connections.
Being a person with international tendencies should cause a sensible attempt to be made with your partner to limit the potential for future disputes. Care should be to draft a pre or post nuptial agreement or living together agreement subject to advice about the enforceability of them and whether EU jurisdiction regulations can be ousted. Child arrangements disputes about habitual residence might be best anticipated.
Please call 01606 872200
Tags: child arrangements