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Hello,
Can anyone please point me at a historic case that gives precedent for an adult losing Habitual Residence in a country? There are many case references for Habitual Residence changing for children - abduction, custody rights cases etc. - but I'm struggling to find a case that covers the scenario of an adult losing their Habitual Residence.
The only case I have found that appears to cover this scenario is Re J (A Minor) (Abduction:Custody Rights) 1990 (although the case specifically referred to a child, the speech of Lord Brandon below could be applied to an adult as well):
“there is a significant difference between a person ceasing to be habitually resident in country A, and his subsequently becoming habitually resident in country B. A person may cease to be habitually resident in country A in a single day if he or she leaves it with a settled intention not to return to it but to take up long-term residence in country B instead. Such a person cannot, however, become habitually resident in country B in a single day. An appreciable period of time and a settled intention will be necessary to enable him or her to become so. During that appreciable period of time the person will have ceased to be habitually resident in country A but not yet have become habitually resident in country B"
Thanks in advance.
Can anyone please point me at a historic case that gives precedent for an adult losing Habitual Residence in a country? There are many case references for Habitual Residence changing for children - abduction, custody rights cases etc. - but I'm struggling to find a case that covers the scenario of an adult losing their Habitual Residence.
The only case I have found that appears to cover this scenario is Re J (A Minor) (Abduction:Custody Rights) 1990 (although the case specifically referred to a child, the speech of Lord Brandon below could be applied to an adult as well):
“there is a significant difference between a person ceasing to be habitually resident in country A, and his subsequently becoming habitually resident in country B. A person may cease to be habitually resident in country A in a single day if he or she leaves it with a settled intention not to return to it but to take up long-term residence in country B instead. Such a person cannot, however, become habitually resident in country B in a single day. An appreciable period of time and a settled intention will be necessary to enable him or her to become so. During that appreciable period of time the person will have ceased to be habitually resident in country A but not yet have become habitually resident in country B"
Thanks in advance.
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