Intolerable situation

Intolerable situation

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...
U.S. : Protective measures

U.S. : Protective measures

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...
Rights of custody

Rights of custody

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...
Intolerable situation

Compensation of court costs

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...
U.S. : Protective measures

Monasky v. Taglieri

Jun 2, 2022 | Child abduction, U.S. case law

Monasky v. Taglieri Supreme Court of the United States, February 25 2020 In Monasky v. Taglieri the Supreme Court rejected Monasky’s argument that an actual agreement was required in order to establish shared parental intent. Monasky is a U.S. citizen. Taglieri an...