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Habitual residence covers where a person actually lives in a way that reflects their settled, ordinary place of living for the purposes of private international law. In England, solicitors advise on cross‑border family and contact matters, determine which jurisdiction applies for issues like child custody and relocation, gather and present evidence of where a person normally resides, and liaise with the courts and tribunals to argue which forum should hear a case. This work shapes who makes decisions about a person’s welfare and rights when international elements are involved.
The decisive factor is where a person normally resides, which can control which court or tribunal hears the case and which law applies. A solicitor will gather residency evidence, draft affidavits, liaise with local authorities and the other party, and ensure timely applications under private international law and related family statutes. Timelines and the potential for cross‑border enforcement or recognition of orders can be critical if residency changes.
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