SCC adopts hybrid approach to international custody issues

A Supreme Court of Canada ruling on resolving international custody disputes didn't clearly settle the issues it intended to clarify, says Toronto family lawyer Ryan McNeil.

In a 6-3 decision, the top court adopted a hybrid approach to take into account all relevant circumstances in deciding a child’s "habitual residence" — a term which is not defined in the Convention on the Civil Aspects of International Child Abduction (Hague Convention), says McNeil, an associate with Lerners LLP.

The ruling is likely to create more confusion and litigation, he tells AdvocateDaily.com.