Sentences with phrase «abducting parent»

'' [A] n abducting parent views the child's needs as secondary to the parental agenda which is to provoke, agitate, control, attack or psychologically torture the other parent.

This will likely damage the abducting parent's standing in family law court and could lead to a temporary or even permanent elimination of their custody rights.

The Court's decision is astonishing for its failure to criticize the mother's conduct in abducting the child in the first place and for its failure to address the fact that the Article 13 (b) exception should not be invoked when the abducting parent is the one who creates the risk by refusing to return with the child.

The article states that if a Japanese court orders that an abducted child should be returned to the country of the child's habitual residence the child will nonetheless not be removed from the abducting parent if that parent refuses.

At times like this, it can appear hopeless and it may seem easier to wait to see if the abducting parent will change their mind and come back with the children.

Once obtained, these Orders will be brought to the attention of the abducting parent.

In these circumstances an urgent application needs to be made to the High Court in England requesting the Court to exercise its vast powers under what is called the Inherent Jurisdiction, such as making the children a Ward of the Court and ordering the abducting parent to return the children.

Unfortunately, difficulties can arise where the precise location or contact details of the abducting parent are unknown to the left behind or where the abducting parent refuses to comply with the Order served upon them.

Sometimes, an abducting parent will take a child to the United States from another country and here file child custody proceedings in state court.

It authorizes Japanese courts to consider economic and psychological factors about the abducting parent and the abducted child in determining whether the exception should apply.

The police may either issue a warrant for the arrest of the abducting parent or, in cases that fall under s. 283, the Attorney - General may issue the warrant.

there are certain beliefs or customs, premised on religion or gender, that favour the abducting parent as the custodial parent

The abducting parent is afforded a defense if any of the following circumstances exist:

Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;

The term International Child Abduction is generally used to describe situations where one parent (the abducting parent) removes a child from the state where the child usually lives to another state without the consent of the child's other parent (left behind parent) or in breach of a court order.