What factors will the court consider in determining which province has jurisdiction over a variation proceeding?
Saskatchewan, Canada
The following excerpt is from Van Wyk v. Van Wyk, 2005 SKQB 514 (CanLII):
In addressing a similar debate, Barclay J. opined in Warr v. Warr (1996), 1996 CanLII 7220 (SK QB), 146 Sask. R. 60 (Q.B.) at para. 8: In deciding whether to take jurisdiction over a variation proceeding where jurisdiction is contested, the court does not look to the ordinary residence of the parties but rather to the substantial connection of the child to one province or another. In determining to what province a child has the most substantial connection, the court will look to several factors including the following: (1) physical presence of the child; (2) length of the child’s stay in each province; (3) strength of the child’s bonds to persons and circumstances in each province; (4) whether the child’s removal to the new province was “wrongful”.
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