Determination of the child's habitual residence for the purposes of the 1980 Hague Convention on International Child Abduction. Irrelevance of parental agreements concerning the detemrination of the child's habitual residence
Normative references
Art. 5 Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
Ruling
For the purposes of the application of the Hague Convention of 25 October 1980, a child's habitual residence constitutes a factual notion, to be determined on the basis of objective elements relating to the effective centre of the child's family and social life, and cannot be inferred from parental agreements concerning the child's future place of residence.
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