It has been a busy few months for me. One of the projects I have been working on is an appeal to the Supreme Court of Canada on the definition of “habitual residence” under the Hague Convention on the Civil Aspects of Child Abduction.
Hague Convention cases are among the most difficult cases dealt with by family law practitioners. The stakes are usually extremely high as all Hague cases involve the question of whether children should be allowed to stay in Canada or removed back to their originating jurisdiction.
In this appeal, the Supreme Court will be asked to decide several issues including the right of children to be heard in Hague Convention cases and the definition of “habitual residence” under the Convention. As counsel for the mother, we will be wrestling mainly with the question of the definition of “habitual residence”. Although this term is fundamental to the workings of the Convention, the Supreme Court has never pronounced on its definition, and there remains considerable debate in Canada and abroad about its proper definition. It will be interesting to see how the Supreme Court will decide this case.
Click here to read our written submissions on this case.