Sentences with phrase «convention prompt return»
This seems contrary to the objective and intention of the Art 12 Hague Convention prompt return obligation.
https://ablawg.ca/ Not exact matches
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 Preamble states that the Hague Convention seeks «to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for the rights of access.»
The U.S. Department of State has urged that undertakings should be used sparingly and be narrowly tailored to advance the Convention's goal of prompt return.
If so, the mother would not have wrongfully retained them in Ontario within the Hague Convention «prompt return» mechanism.
Despite this conclusion, with its decision to grant leave, the SCC is sending a signal that some issues in regard to the Hague Convention «prompt return» mechanism require further clarification.
In sum, my primary concern with the decision in Thompson is that it appears to be a move away from the strict prompt return mechanism as intended by the Hague Convention.
As I have argued in previous ABlawg posts (linked above), the Hague Convention mechanism was established to facilitate the prompt return of a child, subject to the very limited exceptions set out in Art 13.
On November 10, 2015, the father filed an application for the return of the children with the Alberta Court of Queen's Bench (ABQB) pursuant to the prompt return mechanism of the Hague Convention.
Although the mechanism is not without fault, its relatively simple and expedited «prompt return» procedure, with its associated effect on deterrence, has meant that the Hague Convention has been instrumental in reducing the number of international child abductions (not least due to the fact that outside of the Hague Convention mechanism, there are relatively few legal options for promptly returning a child to the country of habitual residence, see for example, Government of Canada, «International Child Abduction: A Guidebook for Left - Behind Parents»).
In an earlier post, I discussed the decision of Balev v Bagott, 2016 ONCA 680 (CanLII) and concluded that the ONCA was correct in its strict application of the «prompt return» mechanism of the Hague Convention on the Civil Aspects of International Child Abduction, 25 October 1980.
If so, the mother in that case would not have wrongfully retained the children in Ontario within the Hague Convention's prompt return mechanism.
The prompt return mechanism includes a narrow consideration of three limited exceptions as set out in Art 13 of the Convention.
In an earlier post, I discuss in detail the objective and mechanism of the Hague Convention on the Civil Aspects of International Child Abduction, 25 October 1980, 19 ILM 1501, to discourage the wrongful removal of a child from his or her habitual residence and the mechanism of «prompt return» of the child to his or her habitual residence.
The chambers judge outlined the background and considered the evidence in light of the objects of the Hague Convention, being to secure the prompt return of children wrongfully removed to or retained in any contracting state, and to ensure that rights of custody and of access under the law of one contracting state are effectively respected in the other contracting states.
The Convention establishes a presumption in favour of ordering the summary return of the child, designed to restore the status quo ante by way of a «prompt return» of the child to the place of his or her habitual residence (see for example, VW v DS, [1996] 2 SCR 108 (CanLII), at para 36).
secure the prompt return of a child wrongfully removed to or retained in a country which is party to the Convention («contracting state») to the country («state») of habitual residence