(1) «Petitioner» means a person who seeks enforcement of an order
for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
The stated purpose is to insure the prompt
return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.
It is up to the courts in the foreign jurisdiction to determine whether or not this requirement is met and order the safe
return of the child in an expeditious manner.
Re A (Custody Decision after Maltese Non-Return Order)[2006] EWHC 3397 (Fam) 2007 1 FLR 1923: Abduction — Summary return — Brussels II Revised, Art 11 — Custody decision by requesting state — Certificate
requiring return of child.
a) to secure the prompt
return of children wrongfully removed to or retained in any Contracting State; and b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
The mother brought proceedings for the
summary return of the children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980 and to s 1 (2) of the Child Abduction and Custody Act 1985.
It also states that if the application is made more than one year after the date of wrongful removal or retention, the authority shall still order the immediate
return of the child unless it is shown that the child is now settled in its new environment.
One should never allow more than thirty days to elapse between filing a rule to enforce visitation or
obtain return of a child and the hearing date.
The courts of the member state to which the child has been abducted can only
refuse return of the child in limited circumstances — for example, if there are not adequate safeguards to ensure that there is no serious risk that return would expose the child to harm.
However, I have also been asked to deal with the one -
time return of a child to a location other than that specified in a court order, and decide whether a child should play baseball or soccer, which dentist a child will attend, and whether a child should wear an amulet to allay her fear of ghosts.
This is as we may be able to rely on an international agreement, such as The Hague Convention on the Civil Aspects of International Child Abduction or EU Law to achieve the
swift return of the children to their home country.
Simran has also been instructed in cases
of return of children who have been abducted from their home in England and Wales to Mauritius and China.
When no communication is initiated by the delaying parent, and pick up or
return of a child does not occur within a reasonable time, the time and conditions of the exchange may be rescheduled at a time and place convenient to the parent not responsible for the delay.
This adjustments often happen in conjunction with the pickup and
return of child during visitation by the noncustodial parent.
Parents who refuse to «act right» at exchanges, during periods of possession, or
upon return of the child, endanger their own rights.
Our experience spans both national and international cases of parental child abduction, most notably our involvement in ensuring the successful and safe
return of a child who was wrongfully removed and retained in Libya.
The court of the member state to which the child has been abducted can only refuse
return of the child in limited circumstances — for example, if there are not adequate safeguards to ensure that there is no serious risk of harm to the child should the child return.
Eligible families are those at risk of having their children removed due to care and protection concerns, or those needing intensive intervention to assist with the
safe return of children from out - of - home care back home to their families.
Charlotte represented the applicant father who sought an order for the
immediate return of the child to Iran following the child's abduction by the respondent mother to England.
The chambers judge outlined the background and considered the evidence in light of the objects of the Hague Convention, being to secure the prompt
return of children wrongfully removed to or retained in any contracting state, and to ensure that rights of custody and of access under the law of one contracting state are effectively respected in the other contracting states.
Its primary goal is to achieve the
prompt return of children wrongfully removed or retained from their place of habitual residence.
She made tearful pleas on television for the rescue and
return of her children.
I look on God as an all - knowing Judge to be feared (Or as a trustworthy Shepherd who guides me along life's way, or as a loving Father who yearns for
the return of his children)...
In no state is the penalty for closing an adoption
the return of the child to their natural parents.
President Buhari also expressed appreciation to «the parents and families that have endured three years of agony and (still) waiting for
the return of their children».
The launch includes
the return of the children's news and current affairs program Behind the News, which airs on ABC Me on Tuesdays at 10 am.
Meg Harris Williams, «The Child, the Container, and the Claustrum: the Artistic Vocation of Louise Bourgeois,» in Louise Bourgeois: The Return of
That, they accepted, was because if prospective adopters thought that natural parents could, even in limited circumstances, secure
the return of a child after an adoption order had been made, that could have a dramatic effect on the number of people putting themselves forward as prospective adopters.
The Campbells have appealed unsuccessfully for
the return of their children.
~ An order for a custodial parent to pay child support to the non-custodial parent pending
the return of the child may be cancelled in circumstances where the child is not returned ~
Article 13 (b) of the Convention provides that a court is not bound to order
the return of the child if the person, institution, or other body which opposes its return establishes that... (b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise would place the child in an intolerable situation.»
In normal circumstances, when a child is taken to another country without the other parent's consent, an application can be made under the Hague Convention, to secure
the return of the child.
It further authorizes the clerk to issue a rule to show cause upon a pro se petition to require
the return of the child when the non-custodial person refuses to return the child to the custodial person at the end of the period of visitation.
For instance, we successfully secured
the return of a child who had been retained in Malta by their father following a holiday there, after the Maltese government initially refused to return the child.
The Hague Convention on the Civil Aspects of International Child Abduction, adopted by 74 countries, is an important tool for those seeking
the return of children abducted across international borders, or to exercise their rights of access to see them.
He also applied for
the return of the child under the Hague Convention and instituted a Hague Convention case in Ontario.
Charlotte represented the applicant father who sought
the return of the children to Spain.
In many cases the mere existence of such orders is sufficient to secure
the return of the children.
The letter focused on a pattern of lengthy delays and stalling that was preventing the author's client from securing
the return of a child abducted from New Mexico to Germany.
In two cases decided in the last two months, the litigants have argued that
return of the child to the child's country of habitual residence would subject the child to grave risk of harm not because of any specific psychological or physical harm directed at the specific child, but because of the civil unrest in the country.