Legal Definitions - habitual residence

Habitual residence refers to the place where an individual has established their primary and settled home, reflecting a degree of permanence and a regular pattern of life. It is not necessarily the same as citizenship or legal domicile, but rather the place where someone ordinarily lives and intends to continue living for the foreseeable future. Courts often consider various factors to determine habitual residence, such as the duration and continuity of physical presence, the person's intentions, family ties, employment, social integration, and where their main interests lie. It signifies a stable and ordinary place of abode, even if the person travels frequently or maintains connections elsewhere.

• Example 1: Child Custody Dispute

  A family originally from Germany moves to Australia for a new job opportunity. They live in Sydney for four years, during which their child attends local schools, and both parents are employed and have established a social network. If the parents decide to separate and dispute custody of their child, an Australian court would likely determine that the child's habitual residence is Australia. This is because the child has developed a stable and integrated life in Australia, despite potentially retaining German citizenship. The duration of their stay, the child's schooling, and the parents' employment all point to Australia as their settled home.

• Example 2: Inheritance and Estate Planning

  An elderly Canadian citizen sells their home in Toronto and moves to Costa Rica, purchasing a new property and living there continuously for eight years. They become actively involved in the local community, learn Spanish, and receive all their mail and healthcare services in Costa Rica. Although they visit Canada annually for a month to see relatives, their habitual residence would be considered Costa Rica. Upon their death, the laws of Costa Rica might govern certain aspects of their estate, such as the distribution of their property located there, because it was their ordinary and settled place of living.

• Example 3: International Jurisdiction for Divorce

  A couple marries in the United States but later moves to Ireland, where they both secure long-term employment, buy a house, and live for seven years. If one spouse decides to file for divorce, an Irish court would likely have jurisdiction over the proceedings because Ireland is their habitual residence. Even if they maintain bank accounts or family connections in the US, their consistent presence, established home, and integration into Irish society demonstrate that Ireland is where they have primarily and ordinarily settled their lives.