Dictionary

habitual residence

the place where someone usually lives, especially a child's usual place of residence before being taken to live somewhere else Under the Hague Convention on Civil Procedure, children are to be returned to the country of habitual residence.
(COPYRIGHT LAW) an established place, especially a country, where a person lives for a long time without being a citizen of that place A work is a Berne Convention work if one or more of the authors is domiciled, or has his or her habitual residence in, a nation adhering to the Berne Convention.

Phrase Bank

  • It may take time to establish a habitual residence.
  • The court adopted a new standard for determining habitual residence.
  • Detainees should be returned to their countries of habitual residence.
  • You must satisfy the habitual residence test in order to qualify for protection.

Additional Notes

  • Proof of habitual residence does not require an examination of the state of mind of the party, in contrast to domicile which is the country where a person intends to reside permanently or indefinitely.