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Part II Connecting Factors, Scope, and Definitions, 2 Main Connecting Factors of the Regulation: Habitual Residence, Residence, Nationality, Domicile, Presence

From: European Private International Family Law: The Brussels IIb Regulation

Michael Wilderspin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Concepts of removal and retention — Habitual residence — Jurisdiction under the Brussels II Regulation

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, unlike the other connecting factors that only come into play in certain situations. The chapter elaborates on the application of the Court’s case law to specific situations. It also references the case law of the Court of Justice of the European Union which stresses that the determination of a person’s habitual residence in a given case is dependent on the exact circumstances of the case.

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