September 27, 2021 – Habitual Residence

“A party cannot establish a new habitual residence by surreptitiously removing the child to another country.  A relocation by self-help will not establish jurisdiction: Carter v. Brooks (1990), 30 R.F.L. (3d) 52 (Ont. C.A.).  However, where the other parent consents to the move, or takes no steps when made aware of the move, either agrees or acquiesces in the child moving, as provided in section 22(2)(b), a new habitual residence is created: A.M. v. D.L., 2019 ONCJ 155 (CanLII) at 44-45.”

         Z.A. v. A.A., 2019 ONSC 5601 (CanLII) at 33