The Convention does not give a definition of ‘habitual residence’. But it is evident that member states need to use a unambiguous interpretation of the Convention.

The court decisions of the European Court of Justice gives several criteria to determin the childs habitual residence.

A child’s habitual residence corresponds to where, in fact, is the center of his life. It concerns the place that expresses a certain integration of the child in a social and family environment. It is about the place that expresses a certain integration of the child in a social and family environment. It is about the place that expresses a certain integration of the child in a social and family environment and the relocation of the family to that state, the nationality of the child, the place and circumstances under which the child attends school, the child’s language skills and family and social ties in that state.