Sentences with phrase «habitual residence if»

Not exact matches

If you or your ex-spouse do not live or spend any time in the rented house then it isn't possible to claim the rented house as being a habitual residence.

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.

(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;

If you have the baby at home the child's habitual residence during that period of time it its home.

If your baby is born overseas, whether in Sweden or Saudi Arabia, the child's «habitual residence» for purposes of the Hague Convention will be Sweden or Saudi Arabia — and that can create terrible problems if you want to take your baby «back home.&raquIf your baby is born overseas, whether in Sweden or Saudi Arabia, the child's «habitual residence» for purposes of the Hague Convention will be Sweden or Saudi Arabia — and that can create terrible problems if you want to take your baby «back home.&raquif you want to take your baby «back home.»

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.

In a nutshell, a Hague Convention application may be made when a child is taken or retained across an international border, away from his or her habitual residence, without the consent of a parent who has rights of custody under the law of the habitual residence, if the two countries are parties to the Convention.

The latter applies to persons who «if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm» and who are «unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country» (Article 2 (e)-RRB-.

If the measure is one which has no equivalent in the law of the requested state — the Explanatory Report gives an example of a public law measure — then the requested state may adapt it to fit what it can achieve or may need to exercise its own substantive jurisdiction (assuming a change of habitual residence).

For civil lawsuit, if the civil lawsuit brought against a citizen shall be under the jurisdictionof the people's court located in the place where the defendant has hisdomicile, if the defendant's domicile is different from his habitual residence, the lawsuit shall be under the jurisdiction of the people's court located inthe place of his 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.»

If the child's habitual residence in another country was established because the petitioner fled the United States to avoid criminal penalties, the petitioner may be disentitled to access to U.S. courts.

Courts must take such applications extremely seriously, especially if a child is likely to be taken to a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, or that does not return children promptly to their habitual residence.

An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child's habitual residence.

Courts taking this approach will decide that a child has acquired a new habitual residence only if it is established that the parents had a shared and settled purpose to do so.

Article 12 of the Hague Convention mandates the return of children who have been wrongfully taken or retained away from their habitual residence without the consent of a person with rights of custody, if less than one year has elapsed from the wrongful taking or retention to the commencement date of the return proceedings.

(c) if the spouses did not have a common habitual residence, the internal law of the jurisdiction in which the spouse making an application for an order under this Part was most recently habitually resident.

(5) Subject to subsection (3), if the spouses» first common habitual residence during the relationship between the spouses was in a jurisdiction in which a regime of community of property applies, property owned or acquired and debt owing or acquired during the relationship between the spouses that is property or debt to which the regime of community of property applies must be divided at the end of the relationship between the spouses according to that regime of community of property.

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.

if it is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.

Where the child has his or her habitual residence in the territory of a third State which is not a contracting party to the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, jurisdiction under this Article shall be deemed to be in the child's interest, in particular if it is found impossible to hold proceedings in the third State in question.

as concerns the recognition and enforcement of a judgment given in a court of a Member State on the territory of another Member State, even if the child concerned has his or her habitual residence on the territory of a third State which is a contracting Party to the said Convention.

therefore, according to this if an access parent removes a child from his or her country of habitual residence (and effectively eliminates the other parent's right to custody) then an order may be made for his or her immediate return if the country to which the child has been taken to has also ratified the Convention.

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.

A reference in sub-paragraph (d) of the preceding paragraph to the debtor's place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of business, its habitual residence.

In Hague Convention 1980 child abduction retention cases, a new habitual residence regardless of intention of the parents may have been brought about in state B for example if the child is in school and settled in its new social environment.

Many if not all private law treaties these days refer to «habitual residence» instead, to shake off some of the technicalities of domicile and look for something more capable of being shown as a matter of fact.)

If the information is not confirmed and the designated authority has no information about the respondent's habitual residence, return the support application to the appropriate authority in the originating reciprocating jurisdiction.

if the party is not entitled to support under the law of the jurisdiction in which he or she is habitually resident, the law of the jurisdiction in which the parties last maintained a common habitual residence.

If the information is not confirmed and the designated authority has no information about the respondent's habitual residence, return the support variation application to the appropriate authority in the originating reciprocating jurisdiction.

If the child's habitual residence can not be established, then the member state in which the child is present has jurisdiction.

So if you apply for a social welfare payment only you, the applicant, have to satisfy the habitual residence condition.

If a child's habitual residence changes as a result of a wrongful removal or retention, jurisdiction may shift only under very strict conditions.

This could arise, for example, if the child's habitual residence has changed.

This is sometimes called «habitual residence» and can apply even if you're living abroad at the time of the adoption.

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.

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.