Habitual Residence – Art. 3
If the father’s application was to succeed he had to establish that the children were still habitually resident in France on the date from which he alleged they were being retained against his will. The Court rejected this submission. It found that the parents had established a clear intention to establish a permanent residence in Canada prior to relocating there. On leaving France the children lost their habitual residence there. The Court also suggested that the children were habitually resident in Canada on 31 December 2002. It was not open to the father to subsequently change his mind and revoke his consent to the move. His application thereby failed.
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