Jun 13, 2024 | Blog, Child abduction, Home-blog, Hungary, Hungary case law, The voice of the child in abduction procedures
The basic principle of the Hague Convention is that it is generally in the best interests of the child to be returned. Having said that, how to accommodate children’s right to express themselves? The previous article described the circumstances in which judges...
May 16, 2024 | Blog, Child abduction, Home-blog, Hungary, The voice of the child in abduction procedures
In child abduction cases, Hungary is bound not only by the Hague Convention but also by the relevant provisions of the Brussels II Regulation, as Articles 23-29 of the Regulation must be applied by all EU Member State courts in return proceedings. Strengthening...
May 8, 2024 | Argentina, Blog, Child abduction, Home-blog
Many times we delve into the necessary legal procedures and mechanisms to resolve a situation of international child abduction, but we overlook the reasons that may lead to such an extreme decision. What drives a parent to abduct their child and take them to another...
Feb 13, 2024 | Blog, Brazil, Child abduction, Home-blog
Legimating the abduction A recurring pattern has been identified in numerous international child abduction cases, where the taking parent adopts systematic practices aimed at legitimating the abduction’s legality. These strategically planned actions are designed not...
Feb 2, 2024 | Blog, Child abduction, Home-blog, Hungary case law
Physical or psychological harm In cases of wrongful removal, it is common for the applicant to ask the court to dismiss the application for return on the grounds that the child would suffer physical or psychological harm or otherwise be placed in an intolerable...
Jan 14, 2024 | Blog, Child abduction, Home-blog, The Netherlands case law
Return order not required The removal or the retention of a child is to be considered wrongful if this is happening without consent of the other parent with custodial rights. That parent can choose to start a Return procedure, to ask the court for a return order. But...
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