Jun 2, 2022 | Child abduction, Martine Wernsen, The Netherlands case law
Permission to move not required Court of Midden-Nederland, The Netherlands 9 June 2021, ECLI:NL:RBMNE:2021:2432 A parent does not need (replacement) permission to move, if the child does not move with him. The parents have joint custody of the child. The child is...
Jun 1, 2022 | Child abduction
U.S. : enforcement of a return order In the U.S., the judge may include in the decision provisions on how the decision is to be enforced. For example, the judge may order the abducting parent to return the child to the country of the child’s habitual residence...
Jun 1, 2022 | Canada - Ontario case law, Child abduction, Grave risk, Habitual residence
Habitual residence Balev v. Baggott, Court of Appeal for Ontario, Canada 13 September 2016, ONCA 680 The 2 children were wrongfully retained at ages 11 and 8. The children are nationals of Canada. The parents were married. The father and the mother are also nationals...
May 31, 2022 | Child abduction
Guides to Good Practice The Hague Conference on Private International Law (HCCH) publishes Guides to good practice. You can find them on the HCCH website. These publications are more particularly aimed at the authorities of the Members of the HCCH and Contracting...
May 31, 2022 | Child abduction, Child relocation, Martine Wernsen, The Netherlands case law
Mother had sole custody, but must return the child Supreme Court, Netherlands October 15, 2021, ECLI:NL:HR:2021:1513 The mother with custody moved with the child to an unknown destination before the parties became joint custodians. Nevertheless, the court may decide...
May 30, 2022 | Child abduction, U.S. case law
Chafin v. Chafin Supreme Court of the United States, February 19, 2013 In Chafin v. Chafin the U.S. Supreme Court decided that an appeal procedure does not become moot if the child is returned pending appeal. In this case the District Court in Alabama had decided that...
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