Sep 5, 2023 | Blog, Child abduction, Home-blog, UK - England and Wales case law
Does a fixed calendar date for a return need to be fixed in abduction cases? This case concerned an application made by a father for the return of the parties’ three children to Canada pursuant to the provisions of the 1980 Hague Convention. The father’s application...
Aug 23, 2023 | Child abduction, U.S.
Judges are permitted to interview children in their parents’ Hague Abduction Convention cases in the United States. In fact, this is a common way to elicit a child’s views (and to assess their maturity) in recent years. But, should judges be conducting these...
Aug 22, 2023 | Child abduction, Home-blog, The Netherlands case law
The meaning of an Article 15 declaration In a child abduction case, a parent can produce an Article 15 declaration. This is a declaration by the court in the country of origin that the child’s removal or retention in the other country is wrongful. Using my...
Aug 5, 2023 | Child abduction, Home-blog, UK - England and Wales case law
Temporary relocation to the UK: habitual residence? What if a child relocates from South Africa to the UK for a defined temporary period in one last attempt to save the marriage? Does this change the habitual residence? If the father decides to keep the child in the...
Jul 20, 2023 | Child abduction, Home-blog, Poland
COMPOSITION OF THE COURT OF APPEAL Who decides the appeal in a Hague case in Poland? Composition of the Court of Appeal – seemingly straightforward, but not quite… Until 8 March 2020, the Court of Appeal ruled with a panel of 3 judges. After a case had...
Jul 4, 2023 | Blog, Brazil, Child abduction, Home-blog
Tatiana, John’s ex-wife, was recognized for her volatile temperament, which significantly impacted their tumultuous marriage filled with frequent arguments and clashes. Her discontent with residing in the United States was evident as she frequently voiced...
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