Habitual Residence: The UK Supreme Court Judgment in A

On 9th September the UKSC delivered its judgment in A: http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2013_0106_Judgment.pdf There is much of interest but 2 principal points are (a)the courts of England retain jurisdiction in respect of children who are UK subjects in certain limited circumstances. (b) the test for determining the habitual residence of a child is the European test set out in Mercredi-v-Chaffe and Re A. The English authorities including Shah-v-Barnet should no longer be followed. In particular they place too much emphasis on the intentions of the adults and too little on the factual situaiton of the child.