Trends in Habitual Residence
1 hour CPD
Recording 8th May - Download available from 9th May
Tim Scott QC, 29 Bedford Row
Byron James, Expatriate Law
Stuart Clark, International Family Law Group
1) What is the Marinos v Munro debate with regards to habitual residence;
2) What is the correct interpretation of article 3? with Moor J and Bennet J on one side and Jackson J and Munby (P) on the other.
3) What is the practical experience of everyone with regards to establishing habitual residence? Does the requirement to have habitual residence in place for 6 months or 12 months (domicile dependant) provide a more accurate reflection of a party’s centre of interests or does it provide an overly restrictive jurisdictional hurdle? If the latter, if habitual residence or jurisdiction otherwise is easier to establish abroad does this give England and Wales a jurisdictional race disadvantage over other countries?
3) How Indents 5 and 6 are dealt with across the EU
4) What is the practical guidance to give to clients now seeking to rely upon habitual residence in issuing an application?
5) Given the restrictive interpretation of domicile by the court of appeal in Kelly v Pyres, is there a clear trend from the appeal courts to raise the forum shopping bar? Why is this?
6) Where are we now with domicile and just how tenacious/adhesive is domicile of origin?
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CPD - 1 hour (SRA A2)
Recording format - mp4 with MS Power Point Slides.
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