What is the test for a child's habitual residence in a state where both parents lived together with the child?
Ontario, Canada
The following excerpt is from Usmani v Hassan, 2016 ONSC 6453 (CanLII):
The courts have interpreted this to mean that the habitual residence of a child will be the state where both parents lived together with the child, and neither parent can unilaterally change the habitual residence, without the express or implied consent of the other parent: Balev, at para. 19; Cornaz v. Cornaz-Nikyuluw, [2005] W.D.F.L. 4480, [2005] O.J. No. 4121 (S.C.J.), at para. 50.
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