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Supreme Court revamps determination of child’s ‘habitual residence’ in wrongful removal/retention cases under Hague Convention

Friday, April 20, 2018 @ 10:11 AM | By Cristin Schmitz

The Supreme Court of Canada has revised how domestic courts determine a child’s “habitual residence” in a controversial move that some call “a step forward,” while others foresee more uncertainty, litigation and difficulty for parents abroad who are seeking the return of their children from Canada pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

In a decision of note in the more than 80 countries which apply the Hague Convention, the Supreme Court split 6-3 on April 20 to adopt a...