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...
Mar 24, 2023 | Child abduction, Home-blog, Italy
The child abduction procedure in Italy The Italian procedure to be followed in the case of international abduction of a child habitually resident in Italy is governed by Law No. 64 of 15th January 1994: in particular, the national regulations complement the...
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...
Apr 25, 2022 | Blog, Child abduction, Home-blog, Martine Wernsen, The Netherlands case law
Intolerable situation Appel court of The Hague, February 10, 2022 The parents have joint custody of the 11-year-old son. In 2013, the court determined that his primary residence is with the mother and that he will be with his father for a weekend every other week, as...
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