May 22, 2018

SCC, family law bar divided on habitual residence test

SCC, family law bar divided on habitual residence test

Written by: Jennifer Shuber



By AdvocateDaily.com Staff

The Supreme Court of Canada’s (SCC) split decision on a child’s habitual residence in Hague Convention matters reflects the divide in the bar on the issue, Toronto family lawyer Jennifer Samara Shuber tells AdvocateDaily.com.

Shuber, a lawyer with Beard Winter LLP, explains that the case revised the guidelines for courts to determine where children should live following an international custody dispute.

A 6-3 majority of the nation’s top court rejected both the traditional approach, which focused primarily on parental intentions, and a purely child-centric test, in favour of a hybrid version that combines a number of factors for consideration.

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