What is the test for a return order under the Hague Convention on Human Rights?
Canada (Federal), Canada
The following excerpt is from Office of the Children’s Lawyer v. Balev, [2018] 1 SCR 398, 2018 SCC 16 (CanLII):
The Hague Convention is aimed at enforcing custody rights and securing the prompt return of wrongfully removed or retained children to their country of habitual residence: see Article 1; Thomson v. Thomson, 1994 CanLII 26 (SCC), [1994] 3 S.C.R. 551, at pp. 579-81. The return order is not a custody determination: Article 19. It is simply an order designed to restore the status quo which existed before the wrongful removal or retention, and to deprive the “wrongful” parent of any advantage that might otherwise be gained by the abduction. Its purpose is to return the child to the jurisdiction which is most appropriate for the determination of custody and access.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for applying the Convention on Human Rights in the context of human rights issues? (MultiRegion, United States of America)
What is the impact of a government report on human rights in the context of human rights legislation? (MultiRegion, United States of America)
Does section 33 of the Health and Social Care Ontario Health and Welfare Act, section 933(a) of the Human Rights and Human Rights Act, apply to an employer's liability under the Health & Social Care Act? (MultiRegion, United States of America)
Does a judge have jurisdiction to review an order staying a civil rights action under the collateral order? (MultiRegion, United States of America)
Does the rule that a motion for sequestration and return of evidence is by itself sufficient to order the return of the evidence? (MultiRegion, United States of America)
Can an order staying a civil rights action under the collateral order exception to the final judgment rule be reviewed? (MultiRegion, United States of America)
How have courts interpreted s. 2(e) of the Canadian Bill of Rights, s.2(e), s.3(e") of the Charter of Human Rights? (Canada (Federal), Canada)
What is the test for determining whether there genuinely are serious reasons for considering that a claimant may be complicit in the commissioning of crimes under section 1F of the Convention on Human Rights? (Canada (Federal), Canada)
What is the meaning of the term "retention" under the Convention of Human Rights? (MultiRegion, United States of America)
Is there an exception to the Convention of Human Rights in the context of domestic violence? (MultiRegion, United States of America)
