May 22, 2018

SCC, family law bar divided on habitual residence test

SCC, family law bar divided on habitual residence test



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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