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Topic: Habitual residence

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SPIG - Law Reports - Residence - Children Act 1989 - private law [1998] 1 F.L.R. Wardship - Jurisdiction - Habitual residence [2003] 2 F.L.R. Divorce - Jurisdiction - Habitual residence [2005] 1 F.L.R. Immigration - Freedom of movement for persons - Right of residence of the spouse of a national of a member State who returns to establish himself in his country of origin. www.spig.clara.net /law-rpt/residnce.htm   (2005 words)

Access to health care and social welfare for foreign nationals - Håkan Stoor - SREC98 In 1994 uniform rules on habitual residence were adopted in the Act on Application of Residence Based Social Security, regarding the SII-benefits, and in the Municipal Residence Act, regarding the municipal services. According to the report, the concept of residence is to be clarified in the Application Act. The court did not exclude the possibility that the applicant was still a "worker" by reason, for example, of the fact that she was seeking employment. www.uta.fi /laitokset/sospol/seminars/rights/stoor.htm   (3901 words)

Ügy leírása A stateless person shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. A stateless person shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts, including legal assistance and exemption from cautio judicatum solvi. When a stateless person has lawfully taken up residence in the territory of another Contracting State, the responsability for the issue of a new document, under the terms and conditions of article 28 shall be that of the competent authority of the territory, to which the stateless person shall be entitled to apply. www.b-m.hu /proba/bmtvtev.nsf/tipus/CB7BD68725CC11D7C1256B81003DEEFD   (7134 words)

Sweden Child Abduction Although the lower courts in Sweden ordered the child’s return to the United States, the Regeringsratten found that Sweden had become the child’s place of habitual residence, stating that a determination of habitual residence is a finding of fact that cannot be legally agreed upon in advance. In one case, the court held that a small child must be considered to have the same habitual residence as his guardian. Swedish courts appear reluctant even to consider permitting access in the United States, in spite of the fact that judicial arrangements could be made in the United States to help ensure the return of a child to Sweden. www.international-divorce.com /ca-sweden.htm   (3067 words)

ISAAC v. RICE, 1:97cv353-D- The Petitioner failed to prove that Israel is the child's habitual residence. As the Sixth Circuit explained in Friedrich, such a determination "would be an open invitation for all parents who abduct their children to characterize their wrongful removals as alterations of habitual residence." Friedrich, 983 F.2d at 1402 ("If we were to determine that by removing Thomas from his habitual residence without Mr. Daniel and Sherry divorced on February 28, 1986, by decree of the Superior Court of California, County of San Bernardino, Central District. home.olemiss.edu /~llibcoll/ndms/jul98/98D0116P.html   (3067 words)

Convention relating to the Status of Refugees, 189 U.N.T.S. 150, entered into force April 22, 1954. A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. The personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country. www1.umn.edu /humanrts/instree/v1crs.htm   (3705 words)

CHAMBER JUDGMENT MELNYCHENKO v. UKRAINE It was clear that the applicant’s “habitual residence” was partly outside Ukraine during the relevant period, as he had left the country on 26 November 2000, against his will, in fear of persecution, and had taken up residence as a refugee in the United States. The Court further noted that the propiska was an integral and fundamental aspect of the Ukrainian administrative system and was widely used for a number of official purposes (such as, registration of the citizen’s current place of residence, conscription, voting and various property issues). propiska address as his place of residence for the previous five years. www.echr.coe.int /Eng/Press/2004/Oct/ChamberJudgmentMelnychenkovUkraine191004.htm   (997 words)

International Refugee Convention 1951 A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. The personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence. When the exercise of a right by a refugee would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting States in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities or by an international authority. www.tamilnation.org /refugees/51convention.htm   (3771 words)

Wipranik_CA.txt Yona Wipranik still claimed that California was the child's habitual residence, and Sheldon Wipranik still claimed that the child's habitual residence was located in Israel. The record reflects that the essence of Yona Wipranik's claim, i.e., that the parties never intended to establish Israel as their permanent residence, and that Sheldon Wipranik was abusive toward the child, was before the court, and that Yona Wipranik sought no continuance in order to bolster her evidence with respect to these issues. Yona Wipranik contends that the court failed to consider the evidence showing that she and her husband never intended to permanently reside in Israel. www.hiltonhouse.com /cases/Wipranik_CA.txt   (2249 words)

Compact of Free Association of the Republic of the Marshall Islands and the United States A citizen or national of the United States may establish habitual residence or domicile in the Marshall Islands or the Federated States of Micronesia only in accordance with the laws of the jurisdiction in which habitual residence or domicile is sought. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Marshall Islands or the Federated States of Micronesia undertaken with the assistance or through the agency of the Government of the United States pursuant to this Section unless expressly agreed. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval by the Government of the Marshall Islands or the Federated States of Micronesia. www.un.int /marshall-islands/cfa_fulltext.html   (2249 words)

Convention relating to the Status of Stateless Persons A stateless person shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. Each Contracting State shall accord to stateless persons lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances. When the exercise of a right by a stateless person would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting State in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities. www.ohchr.org /english/law/stateless.htm   (2805 words)

hague conference on private international law The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, is a multi-lateral treaty which seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about the prompt return of these children to the country of their habitual residence. Such orders are recognised in other Contracting States by operation of law and are fully enforceable, including in the child's habitual residence, until such time as the authorities there have acted. The Hague Conference on Private International Law has been a pioneer in developing systems of international co-operation, at the administrative and judicial levels, for the protection of children who are caught up in cross-frontier situations in which the person or property of the child may be at risk. home.earthlink.net /~vatirhea/research/hcch01.shtml   (8796 words)

Friedrich v. Friedrich Under Hague Convention on the Civil Aspects of International Child Abduction, exception to return of wrongfully removed child for grave harm to the child is not license for court in abducted-to country to speculate on where child would be happiest; that decision is custody matter, and reserved to court in country of habitual residence. Second, there is a grave risk of harm in cases of serious abuse or neglect, or extraordinary emotional dependence, when the court in the country of habitual residence, for whatever reason, may be incapable or unwilling to give the child adequate protection. Hague Convention on the Civil Aspects of International Child Abduction is generally intended to restore pre-abduction status quo and to deter parents from crossing borders in search of more sympathetic court. home.earthlink.net /~vatirhea/research/fvf.shtml   (5101 words)

File A statement by the Court of Habituial Residence as to whether or not the child was a habitual resident, etc. Not in the ABA Handbook. M files action in Sweden one year later, Sweden holds it is the Habitual Residence. F files under The Convention, Petition denied: Israel, despite the length of time child was there, was not the H/R because child was there w/o consent of both parents. www.hiltonhouse.com /File.htm   (5101 words)

File A statement by the Court of Habituial Residence as to whether or not the child was a habitual resident, etc. Not in the ABA Handbook. M files action in Sweden one year later, Sweden holds it is the Habitual Residence. F files under The Convention, Petition denied: Israel, despite the length of time child was there, was not the H/R because child was there w/o consent of both parents. www.hiltonhouse.com /File.htm   (5101 words)

WIPO Database Treaty (BitLaw) According to the provisions of Article 7(4) makers of databases who have their habitual residence in a Contracting Party are assimilated to nationals of that Contracting Party. (4) Makers of databases who are not nationals of a Contracting Party but who have their habitual residence in a Contracting Party shall, for the purposes of this Treaty, be assimilated to nationals of that Contracting Party. This means that databases that are made generally available to the public, commercially or otherwise, as well as databases that remain within the exclusive possession and control of their developers enjoy protection on the same footing. www.bitlaw.com /source/treaties/database.html   (10025 words)

Family Law Act   The property rights of spouses arising out of the marital relationship are governed by the internal law of the place where both spouses had their last common habitual residence or, if there is no place where the spouses had a common habitual residence, by the law of Ontario. (6)  If the parties have decided that the mediator is to file a limited report, no evidence of anything said or of any admission or communication made in the course of the mediation is admissible in any proceeding, except with the consent of all parties to the proceeding in which the mediator was appointed.   (1)  For all purposes of the law of Ontario, a married person has a legal personality that is independent, separate and distinct from that of his or her spouse. www.canlii.org /on/laws/sta/f-3/20041104/whole.html   (11979 words)

Family Law Act, R.S.O. 1990, c. F.3 The property rights of spouses arising out of the marital relationship are governed by the internal law of the place where both spouses had their last common habitual residence or, if there is no place where the spouses had a common habitual residence, by the law of Ontario.  R.S.O. 1990, c. Every child who is not a minor has an obligation to provide support, in accordance with need, for his or her parent who has cared for or provided support for the child, to the extent that the child is capable of doing so.  R.S.O. c. Every spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so.  R.S.O. 1990, c. www.e-laws.gov.on.ca /DBLaws/Statutes/English/90f03_e.htm   (9471 words)

LL_Children_NY.txt Second, there is a grave risk of harm in cases of serious abuse or neglect, or extraordinary emotional dependence, when the court in the country of habitual residence, for whatever reason, may be incapable or unwilling to give the child adequate protection. He alleges that the children were wrongfully removed by the respondent mother from their habitual residence, the Netherlands, and brought to the United States. First, there is a grave risk of harm when return of the child puts the child in imminent danger prior to the resolution of the custody dispute - e.g., returning the child to a zone of war, famine, or disease. www.hiltonhouse.com /cases/LL_Children_NY.txt   (5314 words)

INTERNATIONAL CHILD ABDUCTION A court may refuse to order a child returned if there is a grave risk that the child would be exposed to physical or psychological harm or otherwise placed in an intolerable situation in his or her country of habitual residence. With the Hague Convention, the emphasis is on the swift return of a child to his or her place of habitual residence where the custody dispute can then be resolved, if necessary, in the courts of that jurisdiction. However, to apply for the return of your child, you must have been actually exercising a "right of custody" at the time of the abduction, and you must not have given permission for the child to be removed or, in the case of a retention, to be retained beyond a specified, agreed-upon period of time. dosfan.lib.uic.edu /ERC/population/children/9501.html   (9662 words)

Johnson_001_USCA.txt What is more important, however, lest the objectives of the Hague Convention be undermined, is to ensure that the jurisdiction of the court of habitual residence is not lost when the court permits a child temporarily to reside in another country on the agreed understanding that the child will return. Indeed, the possibility of shifting habitual residence would increase the possibility that the child would eventually be abducted or wrongfully retained by the parent outside the original jurisdiction. A major achievement of the Convention was the establishment of a rule of jurisdiction to govern responsibility for resolving custody disputes between parents. www.hiltonhouse.com /cases/Johnson_001_USCA.txt   (1576 words)

Report on The Hague Convention on the Civil Aspects of International Child Abduction and Some related Matters 4 Under Article 15 of the Convention the judicial or administrative authorities of a Contracting State may request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision that the removal or retention was wrongful where such a decision may be obtained in that State. Under the Convention, the judicial and administrative authorities of the requested State may also take notice directly of judicial and administrative decisions, formally recognised or not, in the State of the habitual residence of the child without recourse to the specific procedures for the recognition of foreign decisions which would otherwise be applicable. The purpose of the Convention is to ensure that the child is returned to the country where he or she was habitually resident prior to the abduction. www.lawreform.ie /publications/data/volume4/lrc_31.html   (11714 words)

Escalante_California.txt France was the habitual residence of the children at the time of respondent's abduction having resided in France almost continuously from March 1988 until the events surrounding the current proceedings began. Father claims his rights of custody are under Article 5(a) and that the children should be found to be habitual residents under Article 3(a). The Court finds that the father abducted the children on October 27, 1991, while his application under the Hague Convention was pending exposing the children to psychological harm and that any return of the children to France would expose the children to further psychological harm within the meaning of Article 13(b) of the Hague Convention. www.hiltonhouse.com /cases/Escalante_California.txt   (11714 words)

Recognition and Enforcement of Foreign Judgements on Child Custody Cases In Japan In hearings filed after the foreign case, courts must carefully consider the jurisdiction of the child custody case confirming the real habitual residence of the child by examining the legal situation of residency at the time of trial in the foreign country and whether or not the change in residency of the child was illegal. The Court stated, "for a case to be recognized as one of Japanese jurisdiction, in principle, the defendant must have his or her residence in japan. The Tokyo High Court receiving the case as the appellate court declared that the case did have jurisdiction in Japan because one party of the marriage was a Japanese citizen and resided in Japan. www.crnjapan.com /japan_law/en/foreign_judgements.html   (6043 words)

Croll v. Croll, No. 99-9341 (2d Cir. 09/20/2000) Because courts in the United States have jurisdiction to enforce the Convention by ordering a child's return to her habitual residence only if the child has been removed in breach of a petitioning parent's custodial rights, the district court lacked jurisdiction to order return in this case. C, the court found that because the restriction required the parent with physical custody to remain in the court's jurisdiction, and thus impliedly gave the court and the parent without physical custody the right to veto an international move, it vested both with the power to determine the child's residence. A custody decree issued in Hong Kong (a) confers the sole "custody, care and control" of Christina Croll on her mother, (b) confers "rights of access" on her father, and (c) bars the removal of the child from Hong Kong without the consent of the other parent or the court. www.ancpr.org /oldmaillistarchive/2001-October/000022.html   (6043 words)

Interim_text.rtf The basic rule is that stated in paragraph 4 above which limits the business party to the forum of the consumer\rquote s habitual residence. Reference was made to the appearance of \lquote the temporary residence [\'85] of the defendant\rquote in Article\~ 18(2)(i), as it now stands, as one of the prohibited grounds of jurisdiction. If the consumer brings proceedings in the forum provided for under paragraph 2 or in any other \lquote white list\rquote forum contrary to a choice of forum clause, that forum will be deprived of its \lquote white list\rquote status. www.cptech.org /ecom/jurisdiction/Interim_text.rtf   (2076 words)

The Hague Convention Two Decades Later: Assessing the Effectiveness of the International Child Abduction Remedies Act Theoretically, as long as the child’s habitual residence remains the same as the child’s state of residence, state laws that govern the custody for the child will not be overturned. The left-behind parent faces a difficult situation in bringing an ICARA suit in a foreign country, because “the abandoned parent is required to transport the evidence to a new forum.”[175] Transporting evidence across international lines to the new jurisdiction can be a very expensive and complicated endeavor for the left-behind-spouse. For ICARA to apply, there must have been a wrongful removal and a “breach of custody rights.”[65] Breach of custody rights are “[r]ights relating to the care of the. www.across-borders.com /Articles/Trotter   (6365 words)

No Title Neither the Convention nor ICARA speak definitively to whether a child may have multiple habitual residences, or to how the citizenship of the children or their parents affects the calculus. Specifically, the habitual residence of a child is "the place where he or she has been physically present for an amount of time sufficient for acclimatization and which has a 'degree of settled purpose' from the child's perspective." While ICARA cases are growing in number, the Convention is relatively young and caselaw under it is only slowly evolving. www.dcglaw.com /id25.htm   (1295 words)

The Call - News - 11/19/2003 - Police catch up with alleged con artist Letts, who continues to give the North Main Street address where his mother lives as his residence, is charged with at least eight felony counts of obtaining money under false pretenses from half a dozen communities in Rhode Island, including Woonsocket and North Smithfield. WOONSOCKET -- When Gary M. Letts was 19 and living at his former residence at 754 North Main St., police chased his car from Woonsocket to North Providence and Smithfield, with speeds in excess of 100 miles an hour, according to a news clip from 1976. set Letts’ bail at $17,000 cash and remanded the alleged habitual scam artist to the Adult Correctional Institutions, Cranston, where he was being held as a fugitive from justice for the Massachusetts warrants. www.woonsocketcall.com /site/news.cfm?BRD=1712&dept_id=478996&newsid=10535401&PAG=461&rfi=9   (1277 words)

UN Chornobyl Programme Characteristic features of the Chornobyl crisis are: abrupt changes of living conditions; break of traditional, habitual, social, and sometimes family links; change of residence and social environment; the need to adapt to new living conditions; necessity to change the means and ways of solving the existential problems; breakdown of habitual living values. The relation between the Chornobyl disaster and the increase of the disease incidence is also proved by the fact that among children born after the disaster (in 1987 and afterwards) when there was no effects of the radioactive iodine, during 1992-1998 only 13 cases of thyroid cancer were registered. The radiation factor of the Chornobyl catastrophe causes an increase in the formation of genetic and carcinogenic effects, in particular, increase in the frequency of leukemia and lymphoms expansion. www.un.kiev.ua /en/chornobyl/project.htm   (1277 words)

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