News Article

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


Watch our videos

For more information about how we can help you with your claim, call us on 01606 87 22 00, or email us at

The Personal Injury Team

Our team are dedicated to achiving the best possible outcome for our clients. Read more here

Dominic Moss

Senior Partner

Dominic Moss Personal Injury Solicitor 87 22 00

Sarah Allison

Partner 87 22 00

Thomas Owen


Tom Owen Personal Injury Lawyer 87 22 00

Julie Capper

Office Administrator 87 22 00

What our clients say about us

Rate Stonehewermoss Solicitors

Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Solicitors in Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583 and PIPLaw
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

Contact Us

Contact Us

To get in touch simply fill out the short form below and we will reply very shortly, and definitely within 24 hours. The online enquiry form is completely safe and secure, and your details will not be available to anyone other than Stonehewer Moss Solicitors.

Contact Form

Get in touch today!

Complete the form below and we'll get back to you as soon as possible to help you with your enquiry. Your personal details are never shared or sold.

Alternatively, call us on 01606 87 22 00, or email us at

This website uses Cookies to improve your browsing experience and to help with our marketing. You can read more about removing Cookies here.

I'm fine with this