- Habitual residence in the context of international adoption (Enfield London Borough Council v K and another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: In Enfield London Borough Council v K, the court was concerned with a child who was in the care of a family friend in the US following the death of the child’s mother, as a prelude to an application under the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Inter-country Adoption (the 1993 Hague Convention). Complications arose due to the coronavirus (COVID-19) pandemic in relation to the child’s immigration status, and following submissions by the local authority that the child was now resident in the US, the court was asked to determine the child’s habitual residence. Ruth Cabeza, barrister at Harcourt Chambers, examines the issues.
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