a child's state of mind is a relevant factor in determining whether they have gained or
lost habitual residence in a place; and
The Supreme Court has allowed an appeal by the non-biological mother of a seven - year - old daughter: the birth mother's unilateral decision to take the child to Pakistan to live did not mean that child immediately
lost her habitual residence in the UK.
Not exact matches
It is well - known that
habitual residence can be
lost in a day; but it may not be established elsewhere for some appreciable time (Re J (A Minor)(Abduction: Custody Rights)[1990] 2 AC 562).