What is the test for establishing that a child’s ordinary residence is where the child has real and substantial connection?
Ontario, Canada
The following excerpt is from Touma v. Morrison, 2021 ONSC 1660 (CanLII):
He relied on Wang v. Lin, 2012 ONCA 33, which he says stands for the proposition that a child’s ordinary residence is where the child has a real and substantial connection. Again, that was a case in which the court had to determine jurisdiction as between Canada and China and principles surrounding the common law determination of real and substantial connection. It also dealt with the issue of ordinary residence pursuant to the Divorce Act and whether the wife had been ordinarily resident in Canada for one year for the purpose of commencing the divorce action. It did not deal with the issue of ordinary residence in the context of r. 5.
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