May 30, 2022 | Australia case law, Child abduction
Grave risk, no return Walpole & Secretary, Department of Communities and Justice Appellate Court of Australia, 25 March 2020, FamCAFC 65 The Appeal Court gives no return order because of grave risk and the fact that there is no evidence that safety conditions will...
May 30, 2022 | Child abduction, Martine Wernsen, The Netherlands case law
Is it a criminal offence if you abduct your own child? Appeal Court The Hague, The Netherlands, December 2 2019, ECLI:NL:GHDHA:2019:3154 In this case a father kept the children away from their mother for a period of 11 years. The Appeal Court sentenced him to...
May 30, 2022 | Child abduction
Article 15 of the Convention Under Article 15 of the Hague Convention on Child Abduction, before ordering the return of a child, the court may require the applicant to produce a decision or statement from the authorities of the country of the child’s habitual...
May 30, 2022 | Child abduction
U.S. : Child abductions from and to Mexico Most abduction cases (inbound and outbound) in the United States involve cases in which children have been abducted to or from Mexico. The Hague Convention on Child Abduction has been in effect between the two countries since...
May 29, 2022 | Child abduction
U.S. : Court order for travel expences The International Child Abduction Remedy Act (ICARA) provides a number of options for the judge to specify very precisely how the child’s return should proceed. One such option is for the court to determine that the...
May 28, 2022 | Canada - Ontario case law, Child abduction
Habitual residence of baby after 2 relocations Farsi v. Da Rocha Court of Appeal for Canada – Ontario, 6 February 2020, 2020 ONCA 92 The habitual residence did not change to France, therefore there is no wrongfull retainment in Canada. The mother, Faris, is a...
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