A list of family law terminology to help better understand what lawyers are talking about and some of the specific terms used. This glossary provides general information only. Professional advice should always be taken and we cannot accept any liability for reliance on it.
A concept used significantly by countries to denote a connectedness with a country to form the basis of jurisdiction. It should be distinguished from simple residence. Habitual residence indicates not only a simple residing in a country but also a habitual nature. It is the place and centre of a person’s interests. A person can have only one habitual residence at any one time. Admitting habitual residence, in view of its closeness with residence, may carry tax consequences.
Hague Convention on child abduction
This is a Convention entered into by about 70 countries to secure the swift return of a child to its country of habitual residence, and without any enquiry into issues of who may be the better parent to care for the child. There are a number of Hague Conventions including on international child adoption.
Harassing a person includes alarming the person or causing the person distress. The behaviour that causes the alarm or distress must take place more than once. The conduct can be a wide variety of actions that cause alarm of distress but include physical or sexual assault, or psychological torment. Words and phone calls can be classified as harassment.
An excellent publication of which the royalties from some stories are a chief source of funding for some divorce actions. Otherwise see Legal Services Commission.