Results 261 to 270 of about 473,227 (310)
TWO FACES OF HABITUAL RESIDENCE – A MASTERPIECE OF THE HCCH AND A CHALLENGE
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Habitual residence in cross-border family relationships - an Overview
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2020
Abstract: Home is where the heart is. But where is the heart? This is not an easy matter at times of family crisis. Many of the EU Regulations in the field of family law use ‘habitual residence’ as a basis of jurisdiction or as a connecting factor to find the applicable law. In many cases, probably most, it is easy for the judge to establish someone’ s
T. Kruger
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Abstract: Home is where the heart is. But where is the heart? This is not an easy matter at times of family crisis. Many of the EU Regulations in the field of family law use ‘habitual residence’ as a basis of jurisdiction or as a connecting factor to find the applicable law. In many cases, probably most, it is easy for the judge to establish someone’ s
T. Kruger
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Habitual residence in the Supreme Court
Journal of Social Welfare and Family Law, 2014A v A (Children: Habitual Residence) [2013] UKSC 60, [2013] 3 FCR 559 concerned four children who were present in Pakistan.
David Hill
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Habitual Residence in Cross-border Family Relationships
2021This thesis supports the recourse to habitual residence in international family law as an inter-country concept, which is old in its origins and modern in its objectives. Habitual residence is adaptable and flexible when considering each family context. It is actual and close when determining the realistic nexus with justice. According to this research,
Vito Bumbaca
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1999
Abstract The choice of a child’s habitual residence as the basis on which to found the summary return mechanism would appear, prima facie, entirely appropriate. Where else should a court send a wrongfully removed or retained child but to the environment and society of which the latter was a member.
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Abstract The choice of a child’s habitual residence as the basis on which to found the summary return mechanism would appear, prima facie, entirely appropriate. Where else should a court send a wrongfully removed or retained child but to the environment and society of which the latter was a member.
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2023
Abstract This chapter discusses the role of habitual residence, residence, nationality, domicile, and presence connecting factors in the operation of the Brussels IIb Regulation. Habitual residence plays a role in determining whether unlawful removal or retention has taken place. Thus, habitual residence is the most dominant criterion,
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Abstract This chapter discusses the role of habitual residence, residence, nationality, domicile, and presence connecting factors in the operation of the Brussels IIb Regulation. Habitual residence plays a role in determining whether unlawful removal or retention has taken place. Thus, habitual residence is the most dominant criterion,
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2015
Abstract This chapter explains Article 19 of the Rome I Regulation on habitual residence. It first explains how the concept of ‘habitual residence’ is a key connecting factor in the Rome I Regulation. It then covers the habitual residence of companies and other bodies, corporate or unincorporated; of a natural person acting in the course
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Abstract This chapter explains Article 19 of the Rome I Regulation on habitual residence. It first explains how the concept of ‘habitual residence’ is a key connecting factor in the Rome I Regulation. It then covers the habitual residence of companies and other bodies, corporate or unincorporated; of a natural person acting in the course
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Jobseeker's Allowance and the “habitual residence” legacy
Journal of Social Welfare and Family Law, 1997Abstract In light of the fact that some 15,000 appeals on the ‘habitual residence' test are currently awaiting determination, then benefits law practitioners should brush up their knowledge on this important, but legally grey, area. This starred Commissioner’s decision (82/95, also known as CIS/1067/1995) illustrates an all too common problem which ...
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