May 26, 2022 | Child abduction
U.S. : Preventing re-abduction A return procedure can bring a very stressful period for both parents. The earlier international move may have already been a life-changing event, which can bring about all kinds of emotions. The move itself may be related to the grief...
May 26, 2022 | Child abduction, Martine Wernsen, The Netherlands
Is child abduction a criminal offence? In the Netherlands it is a criminal act to keep a child from the person(s) who has custody over the child. It is called ‘withdrawal from authority’. This criminal act is described in article 279 of the Dutch Criminal Law. The...
May 26, 2022 | Child abduction, The Netherlands
Child interview in The Netherlands The Hague Convention on Child Abduction does not demand the court to talk to the minor. However, EU countries (exept Denmark) are bound by the Brussel II bis regulation. Article 11 of his regulation states that in an abduction court...
May 26, 2022 | Child abduction, Habitual residence, U.S. case law
The habitual residence of a baby 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....
May 26, 2022 | Child abduction, Home-blog, Martine Wernsen, The Netherlands case law
Children’s refusal not accepted District Court of The Hague, The Netherlands March 26 2020, ECLI:NL:RBDHA:2020:2861 In this case the court does not see any ground for ‘refusal’, because the children’s resistance is the result of the negative image...
May 12, 2022 | Child abduction, Germany
Child interview in Germany Child participation In Germany whether or not a child can talk to the judge or a guardian ad litem depends upon the particular case and is always at the discretion of the judge hearing the case. According to Section 159 of the Act on...
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