Sentences with phrase «habitual residence by»

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.

Not exact matches

Mr. McNulty [holding answer 9 December 2008]: In the 12 months to the end of November 2008, 2,948 habitual residence tests were failed by British nationals.

Here the child was taken from her habitual residence in Australia to Latvia by the Latvian mother.

(i) Whether or not there is a risk that the child would be subject to the words and deeds, such as physical violence, which would cause physical or psychological harm (referred to as «violence, etc.» in the following item) by the petitioner, in the state of habitual residence;

As we reported 12 months ago, no Japanese court has ever caused a child abducted to Japan by a Japanese parent to be returned to the childs habitual residence outside Japan.

(ii) Whether or not there is a risk that the respondent would be subject to violence, etc. by the petitioner in such a manner as to cause psychological harm to the child, if the respondent and the child entered into the state of habitual residence;

(5) Notwithstanding Article 10, paragraphs 1, 2, and 4, where there is no choice under Article 7 with regards to the formation of the contract, the formalities of a consumer contract shall be governed by the law of the consumer's habitual residence.

(4) Where the law of a consumer's habitual residence is chosen under Article 7 with regards to the formation of a consumer contract, and when the consumer indicates to the business operator his or her intention that the law of the consumer's habitual residence should only apply to the formalities of a consumer contract, the formalities of the consumer contract shall be governed only by the law of the consumer's habitual residence, irrespective of Article 10, paragraphs 2 and 4.

However, excluding cases where the consumer, who is in the place of his or her habitual residence, is invited by the business operator to have all obligations performed under the consumer contract in a place that has the same law as that place of business;

The effect of a marriage shall be governed by the spouses» national law when it is the same, or where that is not the case, by the law of the spouses» habitual residence when that is the same, or where neither of these is the case, by the law of the place with which the spouses are most closely connected.

The Supreme Court has allowed an appeal by the non-biological mother of a seven - year - old daughter: the birth mother's unilateral decision to take the child to Pakistan to live did not mean that child immediately lost her habitual residence in the UK.

However, divorce shall be governed by Japanese law where one of the spouses is a Japanese national with habitual residence in Japan.

(1) Regarding the formation and effect of a contract (excluding labor contracts; hereinafter referred to in this Article as «consumer contract») between a consumer (i.e., an individual, excluding those cases where the party acts as a business or for a business) and a business operator (i.e., a juridical person or other corporate association, or an individual in those cases where the party is acting as a business or for a business), even where by choice under Article 7 or variation under Article 9, the applicable law would be a law other than that of the consumer's habitual residence, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumer's habitual residence should apply, this mandatory rule shall also apply to the matters covered by the rule concerning the consumer contract's formation and effect.

(2) Notwithstanding Article 8, where no choice under Article 7 has been made, the formation and effect of a consumer contract shall be governed by the law of the consumer's habitual residence.

However, excluding cases where the consumer, who is in the place of his or her habitual residence, is invited by the business operator to conclude the consumer contract in the place that has the same law as the place of business;

(2) The preceding paragraph shall apply mutatis mutandis to the law of that party's habitual residence where that law differs according to a person's status and where that law is applicable according to Article 25 (including its application mutatis mutandis under Article 26, paragraph 1 and Article 27), Article 26, paragraph 2, item ii, Article 32, or Article 38, paragraph 2, and to the law of the place with which both spouses are most closely connected where that law differs by a person's status.

Article 15 [Exception for Cases with a Clearly Closer Connection to Another Place] Notwithstanding the preceding Article, the formation and effect of claims arising from agency by necessity (negotiorum gestio) or unjust enrichment shall be governed by the law of the place with which they are clearly more closely connected in light of circumstances such as where at the time of the occurrence of events causing the claims both of the parties had their habitual residence in a place with the same law, or where the agency by necessity (negotiorum gestio) or unjust enrichment arose relating to a contract between the parties.

The legal relationship between parents and their child shall be governed by the child's national law where that is the same as the national law of either the mother or father (or the national law of the other parent in the case where one parent has died or is unknown), or in all other cases by the law of the child's habitual residence.

(3) In regards to the formation of a consumer contract, even where a law other than the law of a consumer's habitual residence is chosen under Article 7, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumer's habitual residence should apply to the formalities of the consumer contract, only the mandatory rule shall apply to the matters covered by the rule concerning the consumer contract's formalities, irrespective of Article 10, paragraphs 1, 2, and 4.

In abduction cases the jurisdiction of the country of habitual residence immediately prior to the abduction is retained by Art 7.

The provision is not easy to follow but in essence provides that the attribution or extinction of PR is governed by the law of the state of the child's habitual residence.

By virtue of S. 1 Wills Act 1967, «a will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator's death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.»

Expert testimony is often used by both sides, especially testimony from doctors, psychologists, social workers and even lawyers who can testify as to the resources available in the habitual residence.

The book's substantive sections close by considering situations in which a habitual residence is not a signatory to the Convention or mere international travel may turn into international child abduction.

In addition to providing a name for this phenomenon - international child abduction - the treaty drew up guidelines for what constituted violations of custodial rights and provided mechanisms by which children could be returned home, which is defined as the country of «habitual residence.»

This meant that a «time - limited» consent by one parent to relocate a child (on the facts, from Germany to Canada) could not amount to a unilateral change of the child's «habitual residence» during the consent period.

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.

However, such a decision could be replaced by a subsequent decision by the court of the Member State of habitual residence of the child prior to the wrongful removal or retention.

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.

To find that a child's habitual residence can be changed by the unilateral actions of one parent during the period of a time - limited consensual absence undermines the purpose and efficacy of a carefully crafted scheme to deal with child abduction and wrong retention.

Where applicable, details of measures taken by courts or authorities to ensure the protection of the child after its return to the Member State of habitual residence

The local jurisdiction shall be determined by reference to the place of habitual residence of the person against whom enforcement is sought or by reference to the habitual residence of any child to whom the application relates.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.

Kirstie Gibson considers the approach taken by the court to determine the habitual residence of a child

That the habitual residence of the child was not Montana, as found by the Chambers judge, because the child had formed no connection, there was no «settled intention» given the five - day motel stay;

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).

If the answer is yes, and no exception contemplated by the Convention is applicable, the child must be returned to the place of his or her habitual residence.

(b) the circumstances in which parental responsibility for the child is attributed by operation of law to a person who does not already have such responsibility are governed by the law applying in the country of the new habitual residence; and

2 The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect.

(c) the exercise of parental responsibility for the child is governed by the law applying in the country of the new habitual residence.

(4) The exercise of parental responsibility for a child is governed by the law applying in the country of the child's habitual residence.

The exercise of parental responsibility is governed by the law of the State of the child's habitual residence.

4 If the child's habitual residence changes, the attribution of parental responsibility by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.

(3) The circumstances in which parental responsibility for a child is attributed to a person, or extinguished, by an agreement or a unilateral act (without the intervention of a court or appropriate authority) are governed by the law that applies in the country of the child's habitual residence when the agreement or act takes effect.