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Appeal: Court and Children

appeal: The Supreme Court adopted the hybrid model, which considers both parental intention and the circumstances of the children in determining where the children are habitually resident, the Appeal Court said, according to CTV. This appeal presents this court with an opportunity to consider and apply the new approach to habitual residence. In its decision released Friday, the Court of Appeal noted that looking only at where the warring parents had intended to live, as used to be the case, was no longer valid. The case arose because Nils Ludwig, a German citizen, wanted to take his four children back to Germany, where they had been raised. Under the Convention on the Civil Aspects of International Child Abduction -- widely known as the Hague Convention -- determining habitual residence determines whether a child has been wrongfully taken to, or kept in, a particular jurisdiction. His estranged wife, Jennifer Ludwig, a Canadian citizen, wanted to stay with them in Canada. ( As reported in the news.