Sentences with phrase «different habitual residence»

This case sees a shift towards increased consideration of the child's state of mind and the possibility that a child may have a different habitual residence from a parent with whom they lived.

Not exact matches

(i) Where the business operator's place of business that is associated with a consumer contract is in a place under a law that is different from the law of the consumer's habitual residence, and where the consumer comes to a place that has the same law as that place of business to conclude the contract.

(ii) Where the business operator's place of business that is associated with a consumer contract is in a place under a law that is different from the law of the consumer's habitual residence, and where the consumer has received or should receive the performance of all obligations under the consumer contract in a place that has the same law as that place of business.

For civil lawsuit, if the civil lawsuit brought against a citizen shall be under the jurisdictionof the people's court located in the place where the defendant has hisdomicile, if the defendant's domicile is different from his habitual residence, the lawsuit shall be under the jurisdiction of the people's court located inthe place of his habitual residence.

The practical challenge with giving time - limited consents an expansive interpretation is that this might undermine future parental consent (albeit for a time - limited period) for a child to travel to, or to reside on a temporary basis, in a different country from the child's habitual residence.

Article 31 In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units — a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State; b) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.

Nevertheless, the Court left open the possibility that in a different factual scenario, a consensual time - limited stay may be «so long that it becomes time - limited in name only and the child's habitual residence has changed» (at para 49).