Habitual Residence and Brussells IIbis: Developing Concepts for European Private International Family LawRuth LamontDoctoral Student and Tutor, Liverpool Law School JPrivIntL Vol 3 Issue 2 (October 2007)Click Here to download the complete articleAbstractHabitual residence has a central role as a connecting factor in the new Brussels IIbis Regulation, which unifies the rules of jurisdiction and recognition and enforcement of judgments in relation to matrimonial causes and parental responsibility. It also creates a remedy for international child abduction across internal EU borders. Habitual residence is a concept already utilised in EC law in relation to the social security co-ordination regime. The interpretation given to habitual residence in this context has focussed on the individual’s intentions. This article argues that this definition of habitual residence is inappropriate for use under Brussels IIbis, especially in relation to children. This is demonstrated by an examination of the terms of Brussels IIbis, itself. A period of actual residence should be required for habitual residence to ensure more than a tenuous connection between the individual and the State where the case is heard. KeywordsHabitual residence, EU, Regulation 2201/2003 (Brussels IIbis), family, children. |
