C1Part I Child Custody
Chapter VI Miscellaneous and Supplemental
41 Habitual residence after removal without consent, etc.
1
Where a child who—
a
has not attained the age of sixteen, and
b
is habitually resident in a part of the United Kingdom,
becomes habitually resident outside that part of the United Kingdom in consequence of circumstances of the kind specified in subsection (2) below, he shall be treated for the purposes of this Part as continuing to be habitually resident in that part of the United Kingdom for the period of one year beginning with the date on which those circumstances arise.
2
The circumstances referred to in subsection (1) above exist where the child is removed from or retained outside, or himself leaves or remains outside, the part of the United Kingdom in which he was habitually resident before his change of residence—
a
without the agreement of the person or all the persons having, under the law of that part of the United Kingdom, the right to determine where he is to reside, or
b
in contravention of an order made by a court in any part of the United Kingdom.
3
A child shall cease to be treated by virtue of subsection (1) above as habitually resident in a part of the United Kingdom if, during the period there mentioned—
a
he attains the age of sixteen, or
b
he becomes habitually resident outside that part of the United Kingdom with the agreement of the person or persons mentioned in subsection (2)(a) above and not in contravention of an order made by a court in any part of the United Kingdom.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.