What is the test for finding a child's habitual residence?
Ontario, Canada
The following excerpt is from Jackson v. Graczyk, 2006 CanLII 52861 (ON SC):
[63] On the basis of this criterion, the court in Chan v. Chow found Hong Kong to be the child’s habitual residence as the parties had resided in Hong Kong for an appreciable amount of time (namely 9 months) and the parties had reconciled and moved to Hong Kong as a family with the settled intention of making Hong Kong their home. The present case can be distinguished as the parties have never resided together in one place as a family — in fact they never resided together at all — and the child had never lived in Florida for an appreciable period of time.
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