Sentences with phrase «habitual residence before»
The court shall cooperate as required with the authorities of the state in which the child had his or her habitual residence before abduction.
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«A. For the purposes of the present Convention, the term «refugee» shall apply to any person who: (2) As a result of events occurring before 1 January 1951 and owing to well - founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
A Syrian couple filed for divorce before German courts whose jurisdiction was established under Arts. 1 (1)(a), 2 (1)(a) of the Brussels II - Regulation since the spouses had their habitual residence in Germany at that time.
The presumption that a debtor's centre of main interests is the place of their habitual residence is displaced if that residence has moved to another state within the six months before proceedings.
To recall, the issue before the ONCA was whether the habitual residence of the two children had changed from Germany to Ontario during the period of the father's time - limited consent so that the children were habitually resident in Ontario on the date that the consent expired.
Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 has accepted the jurisdiction of the courts of the Member State of the child's new habitual residence by participating in proceedings before those courts without contesting their jurisdiction.
Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child's former habitual residence shall, by way of exception to Article 8, retain jurisdiction during a three - month period following the move for the purpose of modifying a judgment on access rights issued in that Member State before the child moved, where the holder of access rights pursuant to the judgment on access rights continues to have his or her habitual residence in the Member State of the child's former habitual residence.
The issue before the Ontario Court of Appeal was whether the habitual residence of the two children had changed from Germany to Ontario during the period of the father's time - limited consent so that the children were habitually resident in Ontario on the date that the consent expired.
The mechanism therefore hinges on a determination of the child's habitual residence immediately before the removal or retention.
If no order exists before a parent moves a child overseas and gets an order in another country, the order usually will be recognized in the United States — unless the United States has been the habitual residence of the child and the other parent claims the child was wrongfully taken.
A divorce granted on or after 01 March 2001 but before the 1st March 2005 in an EU state (other than Denmark) will be recognised on the basis of habitual residence in accordance with the terms of Council Regulation EC No. 1347/2000 («Brussels II»).