Rebecca Harling and Ciara Moore analyse the Supreme Court decision in Re B and the circumstances in which a child may change, or retain, their habitual residence ‘Jurisdictional issues aside, the key question to be determined was: what is the point at which habitual residence is lost?’ Issues regarding children within same-sex cohabiting families have …
Continue reading "Habitual Residence: Changing places"
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Wills & Trusts Law Reports | March 2014 #137PO was 88 years of age and lacked capacity to decide where she should live. She had four children, the applicant (JO), and the first, second and third respondents (GO, RO and MP). GO and RO were PO’s attorneys for property and affairs but no power of attorney or deputyship order was extant for welfare decisions.
Until the events giving rise to this application PO was habitually resident in England and Wales, living in her own property in Worcestershire with family and local authority assistance. However, in April 2012, GO moved PO to Scotland, initially to live with him but...
