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Legal Update: Court Report - Hearings determine child's residence

Case name: In the matter of KL (A Child) Case number [2013] UKSC
75

Judge: Lord Neuberger, Lady Hale, Lord Wilson, Lord Hughes, Lord Hodge

Location: Supreme Court

K, aged 7, was born in Texas and is a US citizen. K's father is a US citizen and the mother has indefinite leave to remain in the UK. After the parents divorced in Texas in March 2008, the mother took K to London and then applied for indefinite leave to remain for K that year, without notice to the father, and resisting the agreed contact arrangements.

There followed several hearings in both the US and the UK, concerning the question of K's primary residence. These resulted in K being taken back to the US, then returned to the UK. The mother was then ordered, in August 2012, to take K back to the US; an order with which she did not comply. Since August 2011, K had become integrated into a social and family environment and the judge had been entitled to find K habitually resident here.

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