What is the test for determining where a child was habitually resident at the time of the child's removal and retention?
Ontario, Canada
The following excerpt is from Gavriel v Tal-Gavriel, 2015 ONSC 4181 (CanLII):
Under the Convention the court must determine where the child was habitually resident at the time of the removal or retention. Habitual residence is treated as the “sole connecting factor” triggering a child’s return.” (Jackson v. Graczyk, 2007 ONCA 388 (CanLII)).
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