What is the legal test for establishing habitual residence for the purpose of Article 3 of the Hague Convention?
British Columbia, Canada
The following excerpt is from J.H.F. v. S.H.F.N., 2015 BCSC 349 (CanLII):
The leading case in this jurisdiction on the means of determining habitual residence for the purpose of Article 3 of the Hague Convention is Chan v. Chow, 2001 BCCA 276. In that case, Madam Justice Proudfoot for the Court of Appeal summarized the legal definition of a habitual residence as follows at para. 32: 1) The question is a question of fact to be decided by reference to all the circumstances of the case. 2) An “habitual residence” is established by residing in a place for an appreciable period of time, with a "settled intention." 3) A child's “habitual residence” is tied to the habitual residence of his or her custodian(s).
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