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Simple English definitions for legal terms
habitual residence
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A quick definition of habitual residence:
Habitual residence refers to the place where a person or a family usually lives. It can also refer to the place where a company does business. For families, it is important because it helps determine which country has the most interest in a child's well-being if they are moved to a different place. For copyright purposes, it can be used as an alternative to legal domicile to qualify for protection in a specific country.
A more thorough explanation:
Habitual residence refers to a person's customary place of living or dwelling. It is often used in family law to determine a child's place of residence before being removed to another place. The term is also used in copyright law to refer to an established place, usually a country, where a person lives for the long term without being a citizen of that place.
Family Law: If a child has been living with their parents in New York for several years, their habitual residence would be considered to be New York. If the parents then move to California and the child is removed from New York, the court may need to determine which state has a presumed paramount interest in the child's welfare.
Copyright: If an author has been living in France for several years, their habitual residence would be considered to be France. If they want to qualify for copyright protection in France, they can use their habitual residence as an alternative to legal domicile.
These examples illustrate how habitual residence is used to determine a person's customary place of living or dwelling, which can have legal implications in various areas of law.