Does a child have real and substantial connection with two different places?

Alberta, Canada


The following excerpt is from B.J.K. v. L.C.K., 1998 ABQB 698 (CanLII):

Seaton, J.A. in Mayor v. Mayor, [1983] B.C.J. No. 21 (B.C.C.A.) cited Gergely v. Gergely, Supra, with approval, however went on to state at paragraph 11: ...I disagree with the appellant's contention that ordinary residence and real and substantial connection mean substantially the same thing. Section 39(1) [Family Relations Act (B.C.)] clearly contemplates that the child may have a real and substantial connection with two places at the same time. It seems to me unlikely that it would have an ordinary residence in two places at the same time.

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