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Is it a criminal act if you abduct your own child?

Is it a criminal act if you abduct your own child?

by Martine Wernsen | May 6, 2020 | International Child Abduction - Case law, Other - Case law

Appeal Court The Hague December 2 2019, ECLI:NL:GHDHA:2019:3154 In this case a father kept the children away from their mother for a period of 11 years. The Appeal Court sentenced him to imprisonment for a period of 42 months. The Appeal Court also decided that he has...
Child is returned pending appeal

Child is returned pending appeal

by Martine Wernsen | May 5, 2020 | International Child Abduction - Case law

Chafin v. Chafin Supreme Court of the United States, February 19, 2013 Is the appeal useless, if the child is already returned? In Chafin v. Chafin the U.S. Supreme Court decided that an appeal procedure does not become moot if the child is returned pending appeal. ...
Two habitual residences?

Two habitual residences?

by Martine Wernsen | Apr 24, 2020 | International Child Abduction - Case law

Appeal Court of The Hague April 3 2019, ECLI:NL:GHDHA:2019:758 Can a child have two habitual residences? The Appeal Court of The Hague has changed it’s mind on this subject. It has now decided that a child can have only one habitual residence. Even when the...
When do you have ‘custody’?

When do you have ‘custody’?

by Martine Wernsen | Apr 24, 2020 | International Child Abduction - Case law

Abbott v. Abbott Supreme Court of the United States, May 17 2010 When do you have ‘custody’ as meant in the Convention? In Abbott v. Abbott the Supreme Court decided that a ne exeat order gives a right of custody to the non-custodial parent under the Hague...
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