Judgment_paragraph 63 · W. J. v L. J. and J. J (C-644/20)

63In that regard, it should first of all be pointed out that the use of the adjective ‘habitual’ makes it possible to infer that the residence must display a sufficient degree of stability, to the exclusion of a temporary or occasional presence. That finding is supported by the consideration, set out in paragraph 42 of the Explanatory Report on the Hague Protocol drawn up by Mr Andrea Bonomi (Text adopted by the Twenty-First Session of the Hague Conference on Private International Law), according to which the criterion of ‘habitual’ residence implies a measure of stability, which means that ‘mere residence of a temporary nature is not sufficient to determine the law applicable to the maintenance obligation’.