Habitual Residence – Art. 3
The Court of Appeal dismissed the father’s argument that the chambers judge erred by not first determining the child’s habitual residence before applying the 13(1)(b) exception. The Court of Appeal stated that in this instance, the determination of habitual residence would have not affected the outcome of the case: if Alberta was the habitual residence, there would be no wrongful removal and if Arizona was the habitual residence, the article 13(1)(b) exception applies.
Grave Risk – Art. 13(1)(b)
The court emphatically approved of the chambers judge’s finding that the child would be in an intolerable situation if returned to Arizona as neither of the parents resided there, the father had no connection to Arizona and the Arizona courts had thus far declined to take jurisdiction over the dispute.
Author: Emmanuelle Jacques and Peter Cole
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