The construction of the autonomous concept of habitual residence of the child in the cases of international abduction of children

Abstract

The realization of the habitual residence of the minor in cases of international child abduction has been especially problematic for several reasons. In the first place because of the divergent interpretations that have been given in the different legal systems and, secondly, because they are considered to be particularly sensitive in these cases in which international child abduction occurs. And, finally and to a greater extent, by the absence of a concept of habitual residence of the minor in the regulatory regulations. Probably, the need to make it concrete, based on the principle of the best interests of the child, in response to factual criteria that, under the casuistic method, requires an analysis of a series of ex-casu circumstances. Think that, definitively, the habitual residence of the minor is configured as a key criterion for the determination of aspects as important as international judicial competence, not only in cases of parental responsibility, but also, in the event of illicit transfer or retention of children.