What is the test for determining whether a parent intended to change a child’s habitual residence?

British Columbia, Canada


The following excerpt is from C.M. v. J.M., 2015 CanLII 82623 (BC SC):

Fasiang v. Fasiangova, 2008 BCSC 1339 at para. 76, 87 B.C.L.R. (4th) 118, cautions that in situations where the parents disagree on their intentions, courts should consider all the evidence in determining whether the parents intended to change the child’s habitual residence.

Courts have considered the following factors as evidence of parental intent: parental employment in the new country of residence; the purchase of a home in the new country and the sale of a home in the former country; marital stability; the retention of close ties to the former country; the storage and shipment of family possessions; the citizenship status of the parents and children; and the stability of the home environment in the new country of residence. (Maxwell v. Maxwell, 588 F(3d) 245 at 252 (4th Cir. 2009))

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