Sample Family Legal Memo | Ordinarily Resident

Sample Family Legal Memo | Ordinarily Resident

How is the term “ordinarily resident” interpreted with respect to the Divorce Act?


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Although the Divorce Act, does not interpret the meaning of the term “ordinarily resident”, courts have the authority to ascertain it. Generally, courts interpret this term to be different from actual residence for some special purpose. What makes a person “ordinarily resident” in a locality is that person's intention of making a home in the locality for an indefinite period. Intention, however, is not the only test. Person's settled routine to his life and where he regularly, normally or customarily lives will also be considered. It is not the length of the visit or stay that determines the question but the nature of the residence. The determination of ordinary residence is highly fact specific and a matter of degree. Each case must be determined after all the relevant factors are taken into consideration but the element of permanence must be contrasted with casual or intermittent visits to determine ordinary residence.
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