What are the relevant factors that a court will consider in determining whether or not to exercise jurisdiction?
Saskatchewan, Canada
The following excerpt is from Hamilton v Hamilton, 2013 SKQB 190 (CanLII):
In this decision the court identified the factors that are relevant to the analysis, and at para. 20 quoted La Forest J. in Hunt v. T&N plc, 1993 CanLII 43 (SCC), [1993] 4 S.C.R. 289, 109 D.L.R. (4th) 16 at 326 wherein he stated: 59 ... the assumption of and the discretion not to exercise jurisdiction must ultimately be guided by the requirements of order and fairness, not a mechanical counting of contacts or connections. ... The factors identified by the court relevant to the analysis are: 1. Balance of convenience and expense for the parties and witnesses; 2. Law to be applied; 3. Desirability of avoiding multiplicity of proceedings; 4. Avoiding conflicting decisions in different courts; 5. Enforcement of eventual judgment; 6. Fair and efficient working of the Canadian legal system as a whole; 7. Unilateral or wrongful removal of the child; 8. Geographical factors; 9. Legitimate juridical advantage; and 10. Fairness. At para. 43 the court concluded:
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