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.
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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