Sentences with phrase «way habitual residence»

Not exact matches

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 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).