This appeal addressed habitual residence under Article 3 of the Convention on the Civil Aspects of International Child Abduction after a parent retained children in Canada beyond a time-limited consent period.
The Court adopted a hybrid, multi-factor approach that evaluates all relevant circumstances, including but not limited to parental intent and the child's links to each state.
The Court also endorsed a non-technical approach to Article 13(2), requiring proof of sufficient maturity and a genuine objection before discretion is exercised.
Although the matter was moot, the appeal was resolved to clarify national law and emphasize expeditious handling of return proceedings.
