return of the child

return of the child

wrongful retention of a child

Missing Children's Network Canada [ MCNC | Missing Children's Network | Child Find Quebec ]

hypermobile flatfoot [ flexible flat foot | hypermobile hyperpronated foot | hypermobile pronated foot | hypermobile pes planus | supple flat foot ]

flyback | fly-back | retrace | line flyback | horizontal flyback | horizontal line | kickback | H flyback | horizontal retrace

China: One-Child Policy Update [ One-Child Policy Update: China | One-Child Policy: China ]

child-abuse syndrome | battered-child syndrome | battered baby syndrome

Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

child psychiatrist | child and adolescent psychiatrist

Articles 2(11) and 11 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted as meaning that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned by a judgment which fixed the residence of the child at the home of the parent living in the Member State of origin, the court of the Member State to which the child was removed, seised of an application for the return of the ch ...[+++]ild, must determine, by undertaking an assessment of all the circumstances of fact specific to the individual case, whether the child was still habitually resident in the Member State of origin immediately before the alleged wrongful retention.

Regulation No 2201/2003 must be interpreted as meaning that, in circumstances where the removal of a child has taken place in accordance with a court judgment which was provisionally enforceable and which was thereafter overturned by a court judgment fixing the child’s residence at the home of the parent living in the Member State of origin, the failure to return the child to that Member State following the latter judgment is wrongful and Article 11 of the Regulation is applicable if it is held that the child was still habitually resident in that Member State immediately before the retention.

Next, the Court finds that a judgment of the court having jurisdiction which is certified in accordance with the Regulation, and which requires the return of the child, is enforceable, even if it is not preceded by a final judgment on rights of custody of the child.

Furthermore, it states that the Regulation seeks to deter child abductions between Member States and, in cases of abduction, to obtain the child’s return without delay.