Jun 20, 2023 | Blog, Child abduction, Spain case law
Protective measures (Brussels II ter Regulation) THE REGULATION (EU) 2019/1111 OF THE COUNCIL of June 25th, 2019, on the jurisdiction, recognition, and enforcement of decisions on matrimonial matters, parental responsibility, and international child abduction (recast)...
Jun 9, 2023 | Child abduction, U.S., U.S. New York, U.S. New York case law
The Hague Abduction Convention or the UCCJEA? Which should we use? by Jeremy D. Morley If a child is abducted to the United States from a country that is a party to the Hague Abduction Convention, the left-behind parent usually has a choice of seeking the child’s...
May 11, 2023 | Blog, Child abduction, Home-blog, UK - England and Wales
Stranded spouses by Mani Singh Basi, barrister in London, UK Cases concerning ‘stranded spouses’ often relate to the relocation of children or to international child abduction. Handling these cases can involve: – passport orders – disclosure...
May 8, 2023 | Blog, Child abduction, Home-blog, Martine Wernsen
What is the habitual residence of a child? In an international child abduction procedure, a parent must deliver proof of the habitual residence of the child. European Court of Justice According to the European Court of Justice, a child’s place of habitual residence is...
Apr 27, 2023 | Blog, Child abduction, Home-blog, Poland
The voice of the child in proceedings in Poland There is no guardian ad litem in Polish legal system. Neither in parental abduction cases nor in family cases. Abducted child’s interest in Hague convention cases is compulsorily represented by the prosecutor. The...
Apr 10, 2023 | Child abduction, Poland
A judge may refuse to order the return of a child if he/she finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views (art. 13). How does the court determine that a child...
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