Mercredi v Chaffe [2010] EUECJ C-497/10; [2011] EWCA Civ 272

Child Abduction: State of mind

Jemma Thomas and Nancy Khawam review the Supreme Court’s decision in Re LC and consider the impact on future cases ‘Habitual residence is a question of fact and, as such, any determination of habitual residence is difficult to appeal: the trial judge has made a decision on the basis of the facts that they have …

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Children: Children’s voices

Jemma Thomas and Nancy Khawam set out the courts’ approach to children’s wishes and feelings, and the weight to be attached to their views ‘The Convention does not stipulate an age below which a child cannot have attained an age and degree of maturity at which it is appropriate to take account of its views …

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Jurisdiction: Complete service

Hazel Wright explains how the court is seised of a matter and issues regarding international service Many of us work with international cases. We are used to different concepts applying in different jurisdictions. We know that the first thing to do if you are contacted about a possible new case with a connection with another …

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Jurisdiction: Home and away

Emily Watson discusses whether the arguments for alternating residence are revolving or evolving Habitual residence is more than just physical presence of the child – it must not be temporary or intefrmittent and there must be some integration in a social and family environment. In Re L (A Child) [2012], the Court of Appeal dealt …

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