Jun 4, 2022 | Canada Ontario, Child abduction, Habitual residence
Habitual residence in appeal court If the court in Canada – Ontario made a decision about where the child has his or her habitual residence, the appeal court can intervene only if there is an obvious error in the trial decision that is determative of the outcome...
Jun 3, 2022 | Australia case law, Child abduction
Intolerable situation Comar & Comar, Appeal Court Australia, 24 April 2020, FamCAFC 99 Grave risk In this case, the court had denied the children’s return to Columbia because there was a serious risk that, if returned, the children would be exposed to...
Jun 3, 2022 | Child abduction
U.S. : Protective measures In the U.S. there are several means to prevent the removal of re-abduction of a child: – the child’s passport(s) to be deposited with authorities – the alleged abductor’s passport to be deposited with authorities...
Jun 3, 2022 | Child abduction
Rights of custody Article 3 and 5 of the Hague Convention state when the removal of a child is to be considered wrongful. Article 3 The removal or the retention of a child is to be considered wrongful where – a) it is in breach of rights of custody attributed...
Jun 3, 2022 | Australia, Child abduction
Compensation of court costs In Australia, there are two ways in which a party can be reimbursed for the costs of proceedings. Where a party is unsuccessful, the other party may be awarded costs of proceedings, under the Federal Proceedings (Costs) Act 1981. Section...
Jun 3, 2022 | Child abduction, Germany case law
Enforcement: 10 days of coercive detention 25 June 2020, 2 UF 200 19 (Bes. Haftbef.) The mother had been ordered, to return the children (one born in December 2015, the other born in August 2017) to the U.S.A. Her complaint appeal against this was rejected by way of a...
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