What is the test for a finding that a child is "normally resident" with his mother?
Ontario, Canada
The following excerpt is from Goldhar v. Goldhar, 1983 CanLII 1541 (ON CJ):
[16] In this case, while very little was said on the motion about the present activities of the two boys, it would appear that there is little, if any, dispute about the facts. Rather, the dispute is whether those facts would support a finding that the children are still “normally resident” with their mother. I am of the view that, while this is an issue that is less than complex, it is also one that the decision in Ruttan v. Ruttan tells me I should not attempt to resolve as a prelude to enforcement proceedings.
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