Myriam Seers Aug 18, 2022:

@AllegroTrans: that's exactly right That's the point I've been trying to make throughout. Nobody disagrees that the concept is "habitual residence". The challenge with this text is that the source text describes the same concept using two different terms. This has to be reflected in the target.
My sense is that Argentina has used the "centro de vida" language to describe the concept for some time, before ratifying the Hague Convention on the Civil Aspects of International Child Abduction, and did not want to change its domestic legislation to harmonize the terminology after it did. So the legislature's solution was to continue using "centro de vida" while clarifying that the two concepts should be interpreted harmoniously. It's a common legislative technique.
But obviously, to reflect all of this in the target text, we can't use the same language to reflect both concepts!
"Home hub": I have never seen that language in a legal document. We can't just invent terms when translating legal documents; these are terms of art that need to find their source in other legal texts.

AllegroTrans Aug 18, 2022:

And strangely On "the other site" Andrew posted this as an answer to the identical question:

Home hub

The child's home hub; the centre of the child's life and activities;

Now...

AllegroTrans Aug 18, 2022:

@ AB: That misses the whole point I will concede that EFFECTIVELY the two terms usually merge, but that is not the point here at all. The asker's text is firstly referring to specific legislation which defines "centro de vido" and then stating that the term should be interpreted "in harmony with" "habitual residence".
So you simply cannot say, as Andrew seems to be suggesting, that "the child's place of habitual residence should be interpreted in harmony with the child's place of habitual residence". That would be patent nonsense.
Aside from that there are plenty of English language references to the term, especially in EU documents. See the ECJ case of Surinder Singh ECJ 370/90 which analysed the term, albeit not in relation to a child but in a free right of movement context.

Andrew Bramhall Aug 18, 2022:

@MYRIAM SPEERS Fine; but BOTH concepts -'RESIDENCIA HABITUAL/ CENTRO DE VIDA' can be translated by the single term of HABITUAL RESIDENCE in English; this same question was asked yesterday on Translator'scafe, where fierce debate meant that the question eventually got frozen:
https://www.translatorscafe.com/tcterms/EN/question.aspx?id=...

Myriam Seers Aug 17, 2022:

Complete excerpts from source text, for clarity Ley 26.061 DE PROTECCION INTEGRAL DE LOS DERECHOS DE LAS NIÑAS, NIÑOS Y ADOLESCENTES
***
ARTICULO 3° - INTERES SUPERIOR. A los efectos de la presente ley se entiende por interés superior de la niña, niño y adolescente la máxima satisfacción, integral y simultánea de los derechos y garantías reconocidos en esta ley.
Debiéndose respetar:
[...]
f) Su centro de vida. Se entiende por centro de vida el lugar donde las niñas, niños y adolescentes hubiesen transcurrido en condiciones legítimas la mayor parte de su existencia.
...
ARTICULO 3: El concepto de "centro de vida" a que refiere el inciso f) del artículo 3º se interpretará de manera armónica con la definición de "residencia habitual" de la niña, niño o adolescente contenida en los tratados internacionales ratificados por la REPUBLICA ARGENTINA en materia de sustracción y restitución internacional de personas menores de edad.
https://amsafe.org.ar/wp-content/uploads/PDFs/NORMATIVA/ley-...

Myriam Seers Aug 17, 2022:

Andrew, not trying to belabour the discussion, but these are a source amongst others. I don't think we exclude references -- particularly not to government websites about laws that derive from international conventions -- simply because the intended audience has not been listed, do we? To be clear, I agree with you that the concept is usually referred to as "habitual residence" -- no disagreement there. The issue that arises with this particular source text is that it uses both concepts ("centro de vida" and "residencia habitual"). Therefore, we need to find a way to convey the first one with terms other than "habitual residence". Otherwise the translation would fail to preserve a distinction that exists in the source. My translation was an attempt at doing that, which is also more faithful to the text, and the sources are backup for that, nothing more. There are certainly other possibilities.

Andrew Bramhall Aug 17, 2022:

Don't see the relevance of posting links .... ..to Canadian websites when Canada hasn't been declared as the target audience.

Myriam Seers Aug 16, 2022:

"place where the child's life is centred" - Ref #2 Excerpt from an application by the Office of the Children's Lawyer for leave to appeal to the Supreme Court of Canada:
"Alberta case law is inconclusive, with reference made to habitual residence as the place where the child's life is centred, but with shared parental intention still being a significant focus."
https://www.scc-csc.ca/WebDocuments-DocumentsWeb/37250/MM010...

Myriam Seers Aug 16, 2022:

"place where the child's life is centred" - Ref #1 Excerpt from the Canadian Department of Justice's website, using the phrase to describe the "habitual residence" concept:
"Some statutes such as the Children's Law Reform Act[31], define "habitual residence" for the purposes of the Act. Other statutes such as the Family Law Act[32], incorporate the concept but do not provide a statutory definition. In those statutes where the concept is not defined it usually is interpreted to mean something close to the person's domicile of choice-the place where the person's life is centred and where he or she intends to live indefinitely."
https://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p2...