What is the test for establishing that two children were habitually resident in Germany?
Ontario, Canada
The following excerpt is from Balev v Baggott, 2016 ONSC 55 (CanLII):
In concluding that these two children were habitually resident in Germany, the application judge relied upon paragraph 51 of Cornaz v. Cornaz-Nikyuuw, [2005] O.J. No. 4121 (S.C.) for the proposition that “a wrongful retention does not bring about a change in the habitual residence of the child as it is a unilateral action.” While we agree with that proposition, we do not think it entirely resolves this matter.
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