What is the test for habitual residence?

Newfoundland and Labrador, Canada


The following excerpt is from Monteiro v. Locke, 2014 CanLII 50943 (NL PC):

In Ellis v. Wentzell-Ellis, 2010 ONCA 347, Laforme J., writing for a unanimous Court of Appeal, said as follows at paragraphs 22 and 23: “[22] As the application judge correctly notes at para. 39 of her reasons, this court held in Korutowska-Wooff that habitual residence involves an intention to stay in a place “whether temporarily or permanently for a particular purpose, such as employment, family, etc.” The principles to be considered when deciding the issue of habitual residence are specified by Feldman J.A. at para. 8 in Korutowska-Wooff and have been repeatedly restated in the jurisprudence: --the question of habitual residence is a question of fact to be decided based on all of the circumstances; --the habitual residence is the place where the person resides for an appreciable period of time with a “settled intention”; --a “settled intention” or “purpose” is an intent to stay in a place whether temporarily or permanently for a particular purpose, such as employment, family, etc.; --child’s habitual residence is tied to that of the child’s custodian(s).

Other Questions


Is a half interest that arises the moment the dwelling acquires the nature of a family residence a joint tenancy with its right of survivorship in the surviving spouse on death? (Newfoundland and Labrador, Canada)
What is the rule of the rule on voluntary testimony? (Newfoundland and Labrador, Canada)
What are the terms "close or striking similarity" and "strikingly similar" in the context of a claim? (Newfoundland and Labrador, Canada)
What is the nature of a risk assessment? (Newfoundland and Labrador, Canada)
What grounds can an executor or administrator be removed? (Newfoundland and Labrador, Canada)
What is the test for punishment in a motor vehicle accident? (Newfoundland and Labrador, Canada)
What is the test for a material change in circumstances in the context of a hearing where the threshold of material change has been met? (Newfoundland and Labrador, Canada)
What is the current state of the law on best interests of a child? (Newfoundland and Labrador, Canada)
Does a pleading that is simply absurd, absurd or highly implausible have to be accepted as proven? (Newfoundland and Labrador, Canada)
In what circumstances will a solicitor be awarded solicitor and client costs? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.