Lawyer international child Paris
Family lawyers are sometimes faced with child abduction.
The main purpose of the Hague Convention of 25 October 1980 on the civil aspects of international child abduction is to put an end to the assault constituted by the removal of children from the country of habitual residence without the consent of all legal guardians (within the meaning of the Convention).
It establishes a collaboration between the signatory countries in order to obtain, as soon as possible, the return to their country of origin of children that one of the parents has moved to another signatory country, or that one of the parents retains unduly in the country called "refuge".
"Protect the child from the harmful effects of illicit displacement or non-return and establish procedures to guarantee the child's return to the State of his habitual residence".
The lawyer can seize the Judge to request the return of the child.
The return decision is in no way a decision on the merits on the habitual residence of the children or on the attribution of parental authority. It is only intended to put an end to the assault that constitutes the unlawful removal or detention of the child.
The provisions of article 13 of the Hague Convention allow the authority of the requested State to oppose the return of the child only if it is demonstrated that :
- the other parent has consented to the move, explicitly enough
- the other parent also acquiesced after the move, also explicitly,
- the return of the child would entail a serious risk for him
- the child himself, of sufficient age and having an appropriate maturity for his opinion to be taken into account, opposes to it.
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