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Articles for the keyword(s) "Return order"

"Conflict of Laws: Harvey v Harvey; K v P; P v Secretary for Justice"

Tony Angelo, 2004

This brief note deals with the interpretation of habitual residence as a matter of fact within the context of international child abduction. More specifically, the author refers to the impact of shuttle custody agreements on the determination of a child’s habitual residence.

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"Some Moot Points on the 1980 Hague Convention"

Nigel Lowe, 2015

The author considers three aspects of the 1980 Hague Convention on the Civil Aspects of International Child Abduction that may be problematic and in need of reform. One challenge is where the child has been removed from a contracting state in accordance with a Convention ruling, and the ruling is reversed on appeal. The author examines the ability and obligations of contracting states to make new return orders in response to such appellate rulings. The author then examines difficulties in determining the child’s place of habitual residence, particularly regarding newborn children. Finally, the author considers the ability of contracting states to discharge return orders that have not been enforced, and the circumstances in which they should do so.