What is Habitual Residence?

What is Habitual Residence?

Habitual residence is a legal term used in England and Wales to describe the country where someone usually lives and has their main connections, like family, friends, work, or school.

It often comes up in family law cases, helping to decide which country’s courts can hear a case, like during a divorce or child custody dispute. It can also be relevant in more serious situations, such as international child abduction. 

In short, it’s not just about where you spend most of your time but where your life is really based. This can include where you work, where your kids go to school, and where your social or family ties are strongest. It’s quite a flexible concept – each case is looked at on its own facts rather than following a strict set of rules.

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