Does a party have to establish a permanent residence to establish habitual residence?
Ontario, Canada
The following excerpt is from Gavriel v Tal-Gavriel, 2015 ONSC 4181 (CanLII):
As noted in Ellis v. Wentzell-Ellis, 2010 ONCA 347 (CanLII), paragraph 23, to establish habitual residence a party does not have to establish permanent residence and at paragraph 34 the court noted that an intention to return in the future to the country you left does not detract from establishing habitual residence.
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