II. HABITUAL RESIDENCE AND THE NEWBORN—A FRENCH PERSPECTIVE

2012 ◽  
Vol 61 (2) ◽  
pp. 530-540
Author(s):  
Aude Fiorini
Keyword(s):  
Pregnant Woman ◽  
Hague Convention ◽  
Affirmative Answer ◽  
Habitual Residence ◽  
Child Abduction ◽  
Left Behind ◽  
International Child

Where a pregnant woman travels and subsequently gives birth to a child abroad, should the left behind father be able to petition for the ‘return’ of his child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction? An affirmative answer would not only presuppose that the abduction of the child had been in breach of the father's actually exercised rights of custody, but would also depend on which country, if any, the child was habitually resident in immediately before the ‘abduction’.

scholarly journals Sustracción internacional de menores. Asunto vinculado con Suiza y España. Comentario de la sentencia de la Audiencia Provincial de Pontevedra (Sección 1ª) núm. 52/2018, de 17 de abril = International child abduction. Case related with Switzerland and Spain. Comment on the judgment of the Spanish Court of Appeal of Pontevedra (Section 1) number 52/2018 of 17th April

2019 ◽  
Vol 11 (1) ◽  
pp. 671
Author(s):  
Carmen Azcárraga Monzonís
Keyword(s):  
Hague Convention ◽  
Parental Responsibility ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
A Minor ◽  
The Hague Convention ◽  
Court Of Appeal

Resumen: Sustracción internacional a España de menor residente en Suiza en aplicación del Con­venio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores. Discre­pancia sobre la residencia habitual del menor. No se aprecian motivos de no retorno.Palabras clave: sustracción internacional de menores, Convenio de La Haya sobre sustracción, Convenio de La Haya sobre responsabilidad parental y protección de menores, residencia habitualAbstract: International abduction to Spain of a minor residing in Switzerland under the Hague Convention on the Civil Aspects of International Child Abduction of 1980. Discrepancy about the habi­tual residence of the minor. No grounds for return denial are appreciated.Keywords: international child abduction, Hague Convention on Child Abduction, Hague Conven­tion on Parental Responsibility and Measures of the Protection of Children, habitual residence

Monasky v. Taglieri (U.S. Sup. Ct.)

2020 ◽  
Vol 59 (5) ◽  
pp. 873-887
Author(s):  
Linda Silberman
Keyword(s):  
Hague Convention ◽  
The United States ◽  
Habitual Residence ◽  
Administrative Authority ◽  
Child Abduction ◽  
International Child ◽  
The Supreme Court ◽  
The Hague ◽  
The Hague Convention ◽  
Critical Aspects

The Supreme Court of the United States has decided four cases under the 1980 Hague Convention on the Civil Aspects of the International Child Abduction (hereinafter the Hague Convention), the most recent one coming this term in Monasky v. Taglieri. The Hague Convention, adopted in 101 countries, requires the judicial or administrative authority of a country that is party to the Convention to return a child who has been wrongfully removed or retained to the country of the child's habitual residence.The Convention also provides for a limited number of defenses to return. The obligation of return is a “provisional” remedy, in that the merits of any custody dispute will be determined by a court in the country of habitual residence. One of the most critical aspects of the Convention is this concept of “habitual residence,” which was the issue presented to the Court in Monasky.

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals Some Moot Points on the 1980 Hague Abduction Convention

2015 ◽  
Vol 46 (3) ◽  
pp. 683
Author(s):  
Nigel Lowe
Keyword(s):  
European Union ◽  
Hague Convention ◽  
Case Law ◽  
The United States ◽  
The European Union ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
The Hague Convention

This article discusses the Hague Convention on the Civil Aspects of International Child Abduction which, despite having been in existence for over 30 years, continues to present a number of uncertainties for Contracting States. The article focuses on the issues around appealing return orders after a child has been taken out of the jurisdiction, the concept of “habitual residence”, and the non-enforcement of return orders with reference to recent case law from the United States, United Kingdom, New Zealand and the European Union. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2014 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals The Hague Convention on the Civil Aspects of International Child Abduction 1980: The New Zealand Courts' Approach to the "Grave Risk" Exception for Victims of Domestic Violence

2018 ◽  
Vol 48 (1) ◽  
pp. 81 ◽  
Author(s):  
Allie Maxwell
Keyword(s):  
Domestic Violence ◽  
New Zealand ◽  
Hague Convention ◽  
Best Interests ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
The Individual ◽  
The Hague Convention

The Hague Convention 1980 was welcomed by the international community to resolve the emerging issue of international child abduction. The Convention is premised on the assumption that all child abduction is inherently harmful. Thus, it is generally in the best interests of children to be returned to the country of habitual residence as expediently as possible, restoring the status quo.Domestic violence victims do not fall within the typical abduction paradigm which the Convention was drafted to remedy. New Zealand courts have adopted a narrow approach to the "grave risk" defence, requiring the abducting party to prove that the country of habitual residence cannot adequately protect the child. This is rarely established due to the influence of the principle of comity. This approach therefore effectively blocks the discretionary inquiry, which only occurs once the defence is established, in which the Convention principles can be weighed against the welfare and best interests of the individual child, a consideration paramount in both domestic and international law. Domestic violence makes it unlikely that return will ever be in the child's welfare and best interests. A change in approach is suggested, under which consideration of the adequacy of the habitual residence's protection laws becomes a relevant consideration in the exercise of discretion. This ensures all considerations are given due regard and the safety of young domestic violence victims is better assured.

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