Sentences with phrase «habitual residence of a child within»

The OCL's factum advocates for the adoption of a purely child - centered approach to the question of habitual residence of a child within the context of the Hague Convention mechanism (Factum of the Appellant OCL at para 4).

Not exact matches

The recent decision of the Supreme Court of Japan, in the Hague Abduction Convention case between James Cook and Hitomi Arimitsu — which upheld the Osaka High Court's revocation of its prior order that four children wrongfully retained in Japan should be returned to their habitual residence in the United States — vividly highlights the loopholes and fundamental weaknesses in the Implementing Act under which the Convention was brought into Japanese law and the resistance within Japan to acceptance of the principles underlying the Convention.

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State.