Habitual residence in international family law : theory, practice and reform

This book aims to ease people's cross-border movements affected by controversial determinations of habitual residence in the international family law area. It tackles modern interlinkages between international family law and related disciplines such as vulnerable migration, social services, and the transversal protection of children and their properties.

It offers an encyclopedic number of practical examples to assess habitual residence, which can be exploited by authorities and families concerned. It compiles the most recent case law emanating from national, regional and international courts, by scrutinising facts and laws both in technical and simple terms.

This monograph prioritises a harmonised approach to reduce national conflicting resolutions as they may alter people's fundamental rights and interests, notably parent-child relationship, protection of vulnerable people, free movement, property rights, judicial economy. It provides empirical recommendations to efficiently predict or solve litigation, by also supporting party autonomy prior to the recourse before state courts.

Due to its extensive scope, it covers many and varied legal issues, ensuring comprehensive access to people (un)familiar with them. This approach centralises information and favours better predictability, effective remedies and tailored proposals for the greatest bulk of transnational cases involving families, children, and their lives, as well as courts and laws impacted by habitual residence.