Is settled intent to change habitual residence determined just prior to the physical move to the new habitual residence?

British Columbia, Canada


The following excerpt is from Fasiang v. Fasiangova, 2008 BCSC 1339 (CanLII):

Settled intent to change habitual residence is determined just prior to the physical move to the new habitual residence: deHaan v. Gracia (2004), 351 A.R. 354 at para. 32, 2004 ABQB 74.

Other Questions


Is a settled intention to abandon a prior residence? (British Columbia, Canada)
What is the test for determining whether a parent intended to change a child’s habitual residence? (British Columbia, Canada)
What is the test for determining whether a change in terms is a material change in circumstances? (British Columbia, Canada)
What is the test for determining whether a party’s intentions were in the context of their intentions in a personal relationship? (British Columbia, Canada)
Where the shared intention of the parties ended at the moment of a break-up and the child was habitually resident at the time of separation, what is the test for retaining the child under the Convention of Human Rights? (British Columbia, Canada)
Can a settled intention to reside in one place be displaced? (British Columbia, Canada)
What factors will the court take into account when determining primary residence and shared parenting? (British Columbia, Canada)
What is the reasonableness factor in determining whether a plaintiff would have accepted an offer to settle? (British Columbia, Canada)
What is the scope of an agreement between the parties to settle the litigation prior to trial? (British Columbia, Canada)
What are the factors used to determine whether an offer to settle was open for acceptance? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.