What is the burden of proving on a balance of probabilities that removal or retention of a child was wrongful?
Alberta, Canada
The following excerpt is from deHaan v. Gracia, 2004 ABQB 74 (CanLII):
In Friedrich v. Friedrich, 983 F. 2d 1396 at 1400 (6th Cir. 1993) held that a Hague Convention applicant has the legal burden of showing on a balance of probabilities that the removal or retention of a child was wrongful, that is, that there was removal from or retention outside the child’s habitual residence.
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