What are the factors used by the courts to determine whether a parent intended to leave the country with their children?

British Columbia, Canada


The following excerpt is from C.M. v. J.M., 2015 CanLII 82623 (BC SC):

Courts have considered the following factors as evidence of parental intent: parental employment in the new country of residence; the purchase of a home in the new country and the sale of a home in the former country; marital stability; the retention of close ties to the former country; the storage and shipment of family possessions; the citizenship status of the parents and children; and the stability of the home environment in the new country of residence. (Maxwell v. Maxwell, 588 F(3d) 245 at 252 (4th Cir. 2009))

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