Habitual residence of the child in a parental responsibility case

The complex concretisation of an indeterminate legal concept

Abstract

The determination case-by-case of the habitual residence of the child as a forum for international jurisdiction is a question not without its difficulties. The method of specifying the criterion gives considerable flexibility to the system so that it can be adjusted to the specific circumstances of the case. However, the adaptability of the concept also makes the task of the legal operator more difficult and leads to some legal uncertainty. The location of the habitual residence requires careful consideration of the factual circumstances of each case