The Hague Convention and Establishing a Child’s Habitual Place of Residence

The purpose of the Hague Convention is to enforce custody rights and to secure the return of wrongfully removed or retained children to the country they are habitually resident. The Supreme Court of Canada case, Office of the Children’s Lawyer v Balev, 2018 SCC 16, is the leading case on habitual residence. Balev states the aim of the Hague Convention is threefold:

We are separating…who gets our pet?

In January 2020 the Family Property Act RSA 2000 (the “Family Property Act”) was enacted providing “common law” couples (provided they qualify as Adult Interdependent Partners under the legislation) the same legal remedies regarding property division upon separation as given to married couples.

Best interests of the pet – not yet

Canadians love their pets; they are often considered members of the family. As a family law lawyer, I am often questioned about the law surrounding pets when a couple separates.