C. v. M., 18 December 1998, Administrative Court of Appeals (Stockholm, Sweden)

INCADAT legal file Hague parental abduction

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Habitual Residence – Art. 3
The mother sought to argue that the child had not acquired a habitual residence in Texas notwithstanding over 2 years residence there. The mother argued that she had always retained the intention of returning to Sweden, both her and the child were Swedish citizens and the child was listed with the population registry in Sweden. The court noted that habitual residence may assessed by objectively observable matters such as length of residence, existing social ties, and other circumstances that could indicate a permanent connection. When a small child is involved the custody-holder’s habitual residence and other family and social circumstances take on decisive significance. In the instant case the court held that the length of the child’s residence in Texas relative to that in Sweden, pointed to her being habitually resident in Texas at the time of her removal in February 1998.