daddy - the heart of the issue

Investigating the law, culture, and prejudices effecting families from a UK perspective

Monday, April 19, 2004

Overseas and Abduction

I have failed my boy. Had I known this I would ave acted. "...an application can be made for the child's return in the first twelve months..."

Abduction: "Under the Act (insofar as it relates to children) a major consideration is that of the child's 'habitual residence'. Under section 41 of the Act the child will be treated as being habitually resident in the original jurisdiction for a period of one year unless there has been agreement from 'all persons having, under the law of that part of the United Kingdom or that territory, the right to determine where he is to reside'. So, unless there is a Residence Order in force, an application can be made for the child's return in the first twelve months."

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