“Habitual Residence” Defined by Provincial Statute Governs in Non-Hague Abduction Cases

Photo by Ricardo Moura on Pexels.comDespite strong judicial denunciation of self-help measures by Courts world-wide, some parents will always resort to the unilateral removal of a child from their home jurisdiction, usually without notice to the child’s other parent and always without that parent’s consent. If a parent removes (abducts) a child to a country that is not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, or if a parent removes a child from one Province in Canada to another, the left-behind parent must rely on the provincial law, the Family Law Act in British Columbia to obtain a court remedy, as the Hague Convention does not apply. Most countries have now signed on to the Hague Convention, but as of 2015, 38 countries had not, including Iran, Saudi Arabia, Pakistan, India, China, Phillipines, Jamaica, and ten African countries. The accepted protocol is for the parent in the child’s home jurisdiction to bring a court…

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