The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the Divorce Act and the Hague Conventions of 1980 and 1996

Part I: Habitual Residence in Quebec Law and Under the 1980 and 1996 Hague Conventions (cont'd)


As some rules are not codified in Quebec, particularly those involving change of habitual residence, we note that on certain points the case law has relied on common law rules. Nevertheless, there are significant differences on this point and there are trends in common law judgments which are not easily accommodated. The possible adoption of the 1996 Convention on Child Protection by the Canadian provinces will fuel this debate.

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