What are the implications of Article 3 analysis for the purposes of a custody application?
Ontario, Canada
The following excerpt is from Brown v. Pulley, 2015 ONCJ 186 (CanLII):
[142] In an Article 3 analysis, the nature of the custody rights of the party seeking an order for the return of children should be determined in accordance with the law of the habitual residence of the children. See: Finizio v. Scoppio-Finizio, supra.
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