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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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Demonstrating Habitual Residence for Hague Convention

by Andy Rogers / Posted 24/01/2009 / Updated 26/09/2011

I successfully applied to Slovakia for a return order for my son in December 2007 and a subsequent appeal against this was rejected in March 2008. I now find out that a new extraordinary appeal has been granted to my wife. They are challenging Habitual Residence, which I successfully proved previously - I need to defend this again. Does anyone have advice on what I might use to demonstrate this? Previously I cited birth place, living address and doctors records. That may be enough again, but any ideas would be most welcome.

Responses

From Andrew / Posted: 10/04/2009
Hello, I am interested in your circumstances as I have just lost my son through the UK courts for him and his mother to leave the jurisdiction and live in the Czech Republic. Did your ex. just leave with your son with no permission? best wishes Andy
From Cammie / Posted: 25/09/2011
Dear Andy,
All I can tell you from my own experience is that you must prove that you NEVER agreed to your son staying in Slovakia and that you have put every possible legal measure and objection you can over there in place. My children were not taken to Slovakia, but that did it for me. I had to go through the legal procedures for years, but I was successful in the end. When the abductor´s barrister proudly showed my children had spent most of their lives over there, I proved that I had never agreed to it and had done everything legally possible under that country´s legal system to voice and lodge my objection and pursue my fight.
I hope this will be of some help. I wish you a successful outcome. Never give up hope!
From Dave / Posted: 26/09/2011
Hi Andy, I´m not sure how Habitual Residence is seen in Slovakia but from my own experiences with my son being Parentally Abducted to the States I was informed by my appointed lawyers that over a year would prove difficult in my situation to prove the initial Habitual Residence was in the UK. Also the longer my situation is not resolved the more it would be seen that Habitual Residence has been established in the States. So my comments may not be what you wanted to hear but as I see it the longer things take the more likely it is to be that Habitual Residence will be seen to be in Slovakia, which in my eyes just makes a complete mockery of the system and that then in reality sets a presedence that the Abductor has more rights than the left alone parent. I wish you all the luck in being reunited with your child.

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