What is the test for acquiring custody rights by operation of law?
British Columbia, Canada
The following excerpt is from Oncu v. Oncu, 2009 BCSC 829 (CanLII):
The acquisition of custody rights by operation of law is within the definition of “rights of custody” found in Article 5 of the Hague Convention. There is no requirement for any formal order of custody and parents who exercise the ordinary care and control over their children are included in this definition: Fasiang v. Fasiangova, 2008 BCSC 1339.
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