• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Habitual Residence Case Law Reference - for an adult, not children

  • Filter
  • Time
  • Show
Clear All
new posts

  • Habitual Residence Case Law Reference - for an adult, not children


    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.
    Tags: None

  • #2
    Without knowing the background or any details it is difficult to comment. However, if you refer to the 'Zambrano' case it
    may offer some assistance if it about remaining in a country.


    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.




    Find family law specialists that offer fixed fee services on our sister site, JustBeagle...

    justbeagle screenshot

    Find a Law Firm NOW

    See more
    See less

    Court Claim ?

    Guides and Letters

    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm