​Aberdeenshire Council v SF & Anor (No. 3)(Change of Habitual Residence) [2024] EWCOP 74 (T3)

Further ex tempore judgment concerning the habitual residence of SF

In an earlier judgment concerning SF, Poole J had concluded, in what he described 'a finely balanced decision', that SF was habitually resident in Scotland even though she was living in a placement in England at the time as, broadly, that placement was unstable. 

In this further hearing Poole J was presented with evidence of a changed situation. SF was under new medication and making great progress, even to the point of speaking at a conference. He then concludes at [15-16]

"Habitual residence is a question of fact. The test is the place which reflects some degree of integration by the person. In children cases, that is said to be integration in a social and family environment. Adapting that test to the present case, it seems to me the integration that I should focus on is integration in the social environment in a situation where a 44 year old lives in a different jurisdiction from her family. There are no family members around, and so one would not expect that degree of family integration or integration into a family environment.

In the current circumstances which are greatly changed from those in 2023, I am sure that SF is now habitually resident in the jurisdiction of England and Wales. She clearly now enjoys some integration into the social environment here. She has formed relationships as I have described. She is frequently active in the community outside her placement and the position could hardly be more different than it was only a year or so ago."

Read the judgment on Bailii