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24 Aug 2020

Family law 2020 BCSC 1402

S.G.B. v S.K.B.

Court: Supreme Court of British Columbia

The court held the child’s habitual residence had shifted to Saskatchewan and declined British Columbia jurisdiction over parenting issues under s. 74 of the Family Law Act.

Habitual residence
S.74 family law act jurisdiction
Forum non conveniens
Extraprovincial proceedings
Living separate and apart
S.72(3) acquiescence/delay

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24 Dec 2007

Family law 2007 BCSC 1934

A.S. v. M.S.

Court: Supreme Court of British Columbia

The court declined jurisdiction under s. 44 of the Family Relations Act, but made interim custody, residence, access, and travel orders under s. 47 pending Ontario proceedings.

Habitual residence
Best interests of the child
Removal from jurisdiction
Section 44 family relations act
Section 47 family relations act
Gordon v. goertz - relocation test

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S.G.B. v S.K.B.

A.S. v. M.S.