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

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Part II: Habitual Residence and Ordinary Residence in Quebec Law and Under the Divorce Act

We will answer the following questions:

• Q. 4 What is the meaning of the concept of ordinary residence in Quebec civil law? Does this concept exist?

• Q. 5 Does the interpretation given to the concept of habitual residence (French version) in article 77 C.C.Q. differ from the interpretation given to the phrase "ordinary residence" contained in its English version?

• Q. 6 Does the interpretation given to the phrase "ordinary residence" in the English version of sections 3, 4 and 5 of the Divorce Act in Quebec differ from the interpretation given to the phrase "résidence habituelle" [habitual residence] found in the French version of the said sections?

• Q. 7 Is there a difference under the law applicable in Quebec between the concepts of "habitual residence" and "ordinary residence" ?

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