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How Courts Handle The Return Of Children When Hague Convention Does Not Apply

We’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention is an agreement amongst a number of countries to deal with how a child’s abduction from one country to another participating country is handled. But what about when one of the countries involved is not …

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How Does the Court Determine a Child’s “Habitual Residence”?

In a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …

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