Accounting for Law

Hague Convention and risk of harm to the children

By Andrew Feldstein

The appellant and the respondent are married with two young children. The children were born and raised in England, but are also Canadian citizens. On the respondent’s consent, the appellant brought the children to Canada to visit her parents. However, while in Canada, the appellant advised the respondent that their marriage was over and that she and the children would not be returning to England.

The respondent brought an application in accordance with Article 12 of the Hague Convention to have the children returned to England. Under Article 12 of the Hague Convention, where the court determines that a child has been wrongfully removed or retained from their habitual residence, the court shall order the return of the children forthwith. Read More at Feldstein Family Law Group Blog

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