Glossary · Swiss and international law
Child's habitual residence
Central criterion of international family law — the State in which the child has their effective centre of life.
Reference: HCCH Convention 1980 — art. 4
The child’s habitual residence is assessed factually:
- school or daycare attended;
- residence of the parents who care for the child day to day;
- social integration (language, activities, doctors);
- duration and stability of the stay.
It is distinct from administrative residence. A child registered with the Geneva municipality but schooled in Annemasse for 18 months is likely to have habitual residence in France for the purposes of Hague 1980.
The time-elapsed criterion is important but not absolute: a very short stay may suffice if the integration is clear and intended.