‘Jurisdictional limbo’ – Supreme Court judgement offers new guidance regarding habitual residence

By February 26, 2016January 29th, 2021Property

The latest international child abduction case to reach the Supreme Court is In the matter of B (A Child) [2016] UKSC 4. This judgment contains significant new guidance on the law of habitual residence; it also leaves a number of interesting questions ripe for future argument. It has revolutionised the law relating to loss of habitual residence in a way that will offer enhanced protection to children worldwide. The case is notable in part because it is the first child abduction case in which the parties are same-sex parents. However, the decision is of universal importance, and in particular will assist all parents, heterosexual or otherwise, who lack formal legal rights in respect of their children.

Every lawyer dealing with international child abduction cases should read this article.  This very important Supreme Court decision is likely to have a profound effect and offer much needed assistance to those parents currently lacking formal legal rights.

Bethanie Bailey

Author Bethanie Bailey

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