Charlotte Sanders: A child’s state of mind can determine their habitual residence – Re LC (No 2) [2014] UKSC 1

Do children get a say as to where they should live? Yes sometimes says the Supreme Court in the case of Re LC (No 2) [2014] UKSC 1 [2014] 1 FLR (forthcoming).

The Supreme Court has recently decided the untested issue of whether a child can effectively determine his or her own habitual residence. The Court held that a child's state of mind particularly that of an adolescent should be taken into account in determining habitual residence. The case also establishes that it is possible for a child to have an habitual residence separate from that of the parent with whom they are living.

Background

The father and mother had four children: T now aged 13 L now aged 11 A now aged 9 and N now aged 5. The father is English and the mother is Spanish. The family lived together in England. When the parents' relationship ended in 2012 the mother took the...

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