Sentences with phrase «abduction convention»

A complete list of convention countries can be found in Schedule 2 of the Family Law (Child Abduction Convention) Regulations 1986.

There are decisions in the European Court of Justice (ECJ) on interpretation in the EU context, more under the Hague Abduction Convention 1980, others under domestic legislation.

It is now unlikely that that test would produce any different results from that hitherto adopted in the English courts under the 1986 Act and the Hague Child Abduction Convention.

The English authorities sent a complaint under the International Child Abduction Convention to the French government, which used an emergency procedure to compel the father to restore the boys to their mother.

Quebec Central Authority -... notes that... Hague application [s] for access will be considered under Article 21 of the Hague Abduction Convention and that issues such as the respect of... parental authority or rights of custody are not necessarily part of considerations under Article 21.

For example, it is essential to provide any evidence that the foreign legal system does not respect U.S. custody orders, does not return abducted children, is not a Hague Abduction Convention treaty partner, is non-compliant with the Convention, is biased against the nationality, religion, or gender of the client, does not allow or encourage access to children by a non-custodial parent, or is dysfunctional.

Jeremy Morley has lectured at the Ministry of Foreign Affairs in Tokyo on the topic of Japan and the Hague Abduction Convention.

The recent decision of the Supreme Court of Japan, in the Hague Abduction Convention case between James Cook and Hitomi Arimitsu — which upheld the Osaka High Court's revocation of its prior order that four children wrongfully retained in Japan should be returned to their habitual residence in the United States — vividly highlights the loopholes and fundamental weaknesses in the Implementing Act under which the Convention was brought into Japanese law and the resistance within Japan to acceptance of the principles underlying the Convention.

The Court held that it is unpersuasive to read the Abduction Convention such that summary return is available if, by the time of the act relied on as a wrongful removal or retention, a child is habitually resident in the state where the application for return is made.

This is because the point of the scheme adopted by the Abduction Convention was to leave the merits to be decided by the courts of the place of the child's habitual residence.

The Court held that the Abduction Convention can not be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged.

However, their initial proposals were significantly diluted, and while the Diet ultimately adopted an extraordinarily lengthy enabling act bringing the Hague Abduction Convention into Japanese law, its provisions concerning the enforcement of Hague Convention return orders have proven to be unworkable.

Jeremy D. Morley, an international family lawyer and the author of the treatises «International Family Law Practice» and «The Hague Abduction Convention,» is admitted to practice only in New York and works collaboratively with local counsel as appropriate.

According to Jeremy D. Morley, a New York - based family lawyer and author of The Hague Abduction Convention: Practical Issues and Procedures for the Family Lawyer, this is one reason which makes China an inviting destination for international childhood abduction.

The Swiss Central Authority under the Hague Abduction Convention is the Federal Office of Justice in Berne.

The Japanese Ministry of Foreign Affairs has released some limited information about the number of applications that it has received under the Hague Abduction Convention and the number of cases in which children have been returned.

He is also the author of «The Hague Abduction Convention: Practical issues and Procedures for Family Lawyers,» published by the American Bar Association.

It additionally provided a forum for Central Authority delegates, Family Court judges, professors, and legal practitioners from Asia - Pacificcountries to share experiences and exchange views on the implementation of the1980 Hague Child Abduction Convention and (where applicable) the 1996Protection of Children Convention in their jurisdictions.

Hague International Child Abduction Convention: Text and Legal Analysis, 51 Fed.

Hague Convention, arts. 13, 18, T.I.A.S. No. 11,670, at 8 - 9; Walsh v. Walsh, 221 F. 3d 204, 221 n. 17 (1st Cir.2000); Friedrich v. Friedrich, 78 F. 3d 1060, 1067 (6th Cir.1996); Hague International Child Abduction Convention: Text and Legal Analysis, 51 Fed.

a. Those who are the subject of international parental disputes over custody or contact; b. Those who are the subject of international abduction (including in those states which are not able to join the 1980 Hague Child Abduction Convention); c. Those who are placed abroad in alternative care arrangements which do not come within the definition of adoption and are therefore outside the scope of the 1993 Hague Inter-country Adoption Convention; d. Those who are the subject of cross-border trafficking and other forms of exploitation, including sexual abuse; e. Those who are refugees or unaccompanied minors.

In the debate about whether Japan should sign the Hague abduction convention, a serious consequence of Japan's failure to ratify the treaty is being overlooked.

In summary, it ruled that the European Convention on Human Rights concerning the integrity of family life, especially Article 8, overcomes the Hague Abduction Convention.

Having worked on international child custody matters concerning Hungary for several years, and having consulted with Hungarian counsel on such issues, it is unfortunately clear that Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or retained in Hungary.

We have often pointed out that the majority U.S. interpretation of «habitual residence,» the key term in the Hague Abduction Convention, is out of line with the international consensus.

Determining the child's habitual residence is a threshold issue in any Hague Abduction Convention case, and if the court determines that the country from which the child was removed was not his or her place of habitual residence, the Convention will not apply and the petition should be dismissed.

Blog is about the laws surrounding international child abduction, specifically concerning The Hague Child Abduction Convention.

Not exact matches

According to a new Government campaign, every other day a British child is abducted by a parent to a country which has not signed the 1980 Hague Convention on international parental child abduction *.

In episode 103, Penn & Teller spend three days at a UFO convention and visit an alien - abduction group therapy session as they explore the psychological explanations for - and the influences of pop culture on - the typical abduction story.

, Season 1, Episode 3: Probing alien abduction stories with a visit to a UFO convention.

In last Tuesday's Opinion (Grand Chamber) following an article 218 (11) request by the Commission, the Court confirmed that the acceptance of the accession of an non-Union country to the 1980 The Hague Convention on child abduction fell within the EU's exclusive competence.

The ECHR thereby overruled thirty years of international case law, discounted the fundamental purposes of the Hague Convention of deterring international child abduction and of not rewarding international child abduction, and ensured that any Hague case that follows its precepts will be lengthy and expensive as well as often unfair to the left - behind parent who must now defend what could be almost a custody case on the taking parent's home turf.

Part of the problem is that Japan is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which works to ensure the prompt return of abducted children to their country of habitual residence.

The European Court of Human Rights (the «ECHR») continues to attack the Hague Convention on the Civil Aspects of International Child Abduction (the «Hague Convention»), including a decision issued in December 2011.

Taiwan is not a party to the Hague Convention on International Child Abduction and the Taiwanese judicial system would likely not be helpful in such a situation.

The Justice Ministry will begin work to review current laws with an eye on meeting requirements under the 1980 Hague Convention on Civil Aspects of International Child Abduction, the sources said.

The father commenced his Hague Convention case in Slovakia within two months of their abduction by his wife.

Scotty represents the mother, who was referred by The National Center for Missing & Exploited Children, in seeking the return of her two girls through the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Germany is in plain violation of its treaty obligations under the Hague Convention on the Civil Aspects of International Child Abduction (the «Hague Convention»).

Both the Convention and the International Child Abduction Remedies Act provide that authentication of documents is not required in a Convention proceeding.

There are at least four separate schemes for child representation in family proceedings: in care proceedings (CA 1989, s 41); in private proceedings where the child applies for an order (CA 1989, s 10 (8)-RRB-; child abduction (Hague Convention) proceedings; and where a child applies to join in proceedings which concern him or her (CA 1989, Pt 2 or Hague Convention).

Representation of left - behind parents in Texas federal courts under the Hague Convention of Civil Aspects on International Child Abduction and the International Child Abduction Remedies Act to secure return of clients» abducted children

Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internaabduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internaAbduction, whether in the United States or internationally.

The decision to assign a strategy memo, rather than a full blown brief, 119 more realistically justified why the students should analyze Canadian law but still led them to look at both the Convention on child abduction and the Uniform Child Custody Jurisdiction and Enforcement Act.120 It also gave them some experience in a different style of writing than either the formal office memo of the first semester or the full blown brief they do later in the spring.

Wong is one of hundreds of so - called «left - behind» parents from around the world whose children have been abducted in Japan, the world's only developed nation that has not signed the Hague Convention on the Civil Aspects of International Child Abduction.

There has been growing pressure on Russia to sign the Hague Convention on the Civil Aspects of International Child Abduction, but it is now reported that the European Commission is giving France the right to start negotiations with Russia on a bilateral treaty on international child aAbduction, but it is now reported that the European Commission is giving France the right to start negotiations with Russia on a bilateral treaty on international child abductionabduction.

This issue also implicates the Hague Convention on child abduction.111 The students then need to find the Convention, determine the processes it provides for return of children, determine whether Guatemala is subject to the Convention, and research case law under the Convention to see how courts have handled claims of abduction.

Japan remains the only Group of 7 nation to abstain from signing the Hague Convention on international child abduction, rendering the U.S. powerless to extradite Japanese citizens charged with violating U.S. courts» custody rulings.

Hague Convention on Civil Aspects of International Child Abduction, supra n. 109; 42 U.S.C. § 11601 (2006)(implementing statute).

Japan's failure to sign the convention is extremely damaging to Japanese nationals living overseas, since it makes it far harder for them to bring their children to Japan for visits, and encourages them to break foreign criminal laws that prohibit international child abduction.