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LC (Children), Re

LC (Children), Re

Case [2014] UKSC 1

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Case: [2014] UKSC 1
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Cases Citing This Decision

WILSON and ROBERTSON [2021] FCWA 121
Citation 1

…69 ALR 346 GLS v Russell-Weisz (2018) 52 WAR 413 H v P [2011] WASCA 78 In re LC (Children) (Reunite International Child Abduction Centre intervening) [2014] UKSC 1 Jones v Dunkel (1959) 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Lynam v Director-General of Social Security (1984…
Bauer v QBE Insurance (Australia) Ltd [2020] WADC 104
Citation 2 (Para 10)

…o have accepted the view that that the question of habitual residence is not a matter of intention alone, accepting what was said in Re LC (Children) [2014] UKSC 1; [2014] AC 1038: 59… that one does not acquire a habitual residence merely by intending to do so … and that it was better 61… to think in terms of th…
State Central Authority & Metin [2020] FamCA 535
Citation 3 (Para 3)

…In Re LC (A Child)(Custody: Habitual Residence)(Reunite: International Child Abduction Centre Intervening) [2014] UKSC 1 the Supreme Court considered the relevance of a child’s views to the child’s habitual residence. A Spanish mother took the four children aged 13, 11, 9 and 5 to live in Spain. When the childre…
Parsa and Parsa and Ors [2019] FCWA 208
Citation 4

…oth [2007] FamCA 1608 Goodwin & Goodwin Alpe (1991) FLC 92-192 Hall v Hall (2016) 257 CLR 490 Holland & Holland (2017) FLC 93-798 In re LC (Children) [2014] UKSC 1 Khademollah & Khademollah (2000) FLC 93-050 Kowaliw & Kowaliw (1981) FLC 91-092 Lenehan & Lenehan (1987) FLC 91-814 Norbis v Norbis (1986) 161 CLR 51…
Medhurst and Royden and Ors [2019] FCWA 188
Citation 5

…Banks & Banks (2015) FLC 93-637 Church & Overton and Anor [2008] FamCA 965 In re LC (Children) [2014] UKSC 1 McCall & Clark (2009) FLC 93-405 Re F: Litigants in Person Guidelines (2001) FLC 93-072 Re C & D (1998) FLC 92-815 Sedgley & Sedgley (1995) FLC 92-623…
State Central Authority & Handbury [2019] FamCA 668
Citation 6

…ild Abduction) [1992] 1 FLR 548 In re H (Children) [2015] 1 WLR 863 In re J (A Minor) (Abduction: Custody Rights) [1990] 2 AC 562 In re LC (Children) [2014] UKSC 1 In re R (Children) [2015] UKSC 35 In the matter of C (Children) [2018] UKSC 8 In Proceedings Brought by A ((2009) Case C-523/07) LK v Director-Genera…
ADEL & BANES [2019] FamCA 7
Citation 7 (Para 2)

…vant. In Re LC (A Child) (Custody:Habitual Residence) (Reunite: International Child Abduction Centre intervening) [2014] UKSC 1 the Supreme Court of the United Kingdom observed that a 13 year old girl’s integration into a new environment had to encompass more than surface features of her life and that her state…
Re WS (No 2) [2017] NSWSC 475
Citation 8

…ustody: Habitual Residence)(Reunite: International Child Abduction Centre Intervening) [2014] AC 1017; [2013] UKSC 75 Re LC [2014] UKSC 1 Re P-J (Children) (Abduction: Consent) (2010) 1 WLR 1237 Re S and the Adoption Act 2000 (NSW) (No 2) [2006] NSWSC 1438 Re Susan [2009] NSWSC 592 Re WS [2016] NSWSC 919 SFH and…
Commonwealth Central Authority and Newcombe [2016] FamCA 485
Citation 9 (Para 20)

…itual residence would necessarily follow the habitual residence of the parent with whom he lived: see the discussion of it in In re LC (Children) [2014] UKSC 1; [2014] AC 1038, para 33. But it was held in the LC case, at paras 34 to 37, that the international interpretation of habitual residence required that pr…
Raleigh & Raleigh [2015] FamCA 625
Citation 10 (Para 1)

…lthough at least one of them must be mistaken about various matters they now claim to remember. As Lady Hale said in In the Matter of LC (Children) [2014] UKSC 1 at [67]: Almost every witness ... engages in a certain amount of (conscious or unconscious) manipulation of their recollection of past events to meet t…
WELDON and ASHER [2014] FCWA 11
Citation 11

…t & Hoult (2011) FLC 93-489 Hoult & Hoult (2013) FLC 93-546 In Re Marriage of Spiegel, 553 N.W.2d 309, 318 (Iowa 1996) In The Matter of LC (Children) [2014] UKSC 1 Johnson v Buttress (1936) 56 CLR 113 Kakavas v Crown Melbourne Ltd (2013) 298 ALR 35 Kostres v Kostres (2009) FLC 93-420 Louth v Diprose (1992) 175 C…
State Central Authority and Trembath [2014] FamCA 468
Citation 12 (Para 5)

…In the recent decision of In the matter of LC (Children) (No 2 ) [2014] UKSC 1 at paragraph 63 Lady Hale stated: Some habitual residences may be harder to lose than others and others may be harder to gain. If a person leaves his home country with the intention of emigrating and having made all necessary plans to…
Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4
Citation 13

…necessarily follow the habitual residence of the parent with whom he lived: see the discussion of it in In re LC (Children) [2014] UKSC 1; [2014] AC 1038, para 33. But it was held in the LC case, at paras 34 to 37, that the international interpretation of habitual residence required that proposition to be relaxe…
AR v RN (Habitual Residence) [2015] UKSC 35
Citation 14

…th the guidance given by this court in the cases of A v A, In re L and In re LC (Children) (Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] AC 1038. It is also common ground that that guidance is consistent with the guidance given by the Court of Justice of the European Union as t…
AR v RN (Scotland) [2015] UKSC 35
Citation 15

…th the guidance given by this court in the cases of A v A, In re L and In re LC (Children) (Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] AC 1038. It is also common ground that that guidance is consistent with the guidance given by the Court of Justice of the European Union as t…
B (A child), Re [2016] UKSC 4
Citation 16

…residence would necessarily follow the habitual residence of the parent with whom he lived: see the discussion of it in In re LC (Children) [2014] UKSC 1; [2014] AC 1038, para 33. But it was held in the LC case, at paras 34 to 37, that the international interpretation of habitual residence required that proposit…

Cases Cited

Statutory Material Cited

LK v Director-General, Department of Community Services [2009] HCA 9
Citation 1

…and young children, have an echo in observations made by the High Court of Australia in LK v Director-General, Department of Community Services (2009) 237 CLR 582, as follows: "27 When speaking of the habitual residence of a child it will usually be very important to examine where the person or persons who are carin…
D (a child), Re [2006] UKHL 51
Citation 2

…dian. Such is, however, a status which might have been conferred on her solicitor. In In re D (A Child) (Abduction: Rights of Custody) [2006] UKHL 51, [2007] 1 AC 619, Lady Hale, with the agreement of all other members of the House, stated at para 59 that "children should be heard far more frequently in... Conven…
M & Anor (Children), Re [2007] UKHL 55
Citation 3

…arties are not putting forward, then the child should be separately represented." In In re M (Children) (Abduction: Rights of Custody) [2007] UKHL 55, [2008] 1 AC 1288, Lady Hale amplified what she had said in the In re D case. In the In re M case the defendant mother had demonstrated that the children, then aged…
A (Children), Re (Rev 1) [2013] UKSC 60
Citation 4

…o be required to review it) so shortly prior to this court's issue, on 9 September 2013, of its judgments in A v A (Children: Habitual Residence) [2013] UKSC 60, [2013] 3 WLR 761. The court there held that: i) the test for the determination of habitual residence under the Convention, under B2R and under domestic…
KL (A Child), Re [2013] UKSC 75
Citation 5

…and now adopted by this Court in the recent cases of A v A [2013] UKSC 60, [2013] 3 WLR 761 and In re L (A Child) (Habitual Residence) [2013] UKSC 75; [2013] 3 WLR 1597. The first principle is that habitual residence is a question of fact: has the residence of a particular person in a particular place acquired th…

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