Habitual Residence

This case explored the question of whether a parental agreement reached while the children were in utero could establish habitual residence in a place where the children had never been.

Holding

Wrongful Retention | Habitual Residence

Custody Rights | Habitual Residence

Facts

This case comes from the Supreme Court of Canada. Although not binding in the U.S. courts, the Canadian court’s analysis considers U.S. prec­edent and may be of interest to U.S. courts.

Habitual Residence | Unilateral Change of Residence