Author Archives: Rudiger Tscherning

About Rudiger Tscherning

LLB (Trinity College Dublin), LLM (International Commercial Law, University of Nottingham); LLM (Energy and Climate Change Law, CEPMLP, University of Dundee); PhD (University of Heidelberg, Faculty of Law); Solicitor (England & Wales); Assistant Professor, Faculty of Law, University of Calgary. Please click here for more information.

International Child Abduction: A ‘Time-Limited Consent’ Does not Change the Habitual Residence of a Child

By: Rudiger Tscherning

PDF Version: International Child Abduction: A ‘Time-Limited Consent’ Does not Change the Habitual Residence of a Child

Case Commented On: Balev v Baggott, 2016 ONCA 680 (CanLII)

Introduction

The issues arising from international family disputes involving the non-consensual relocation of children abroad is perhaps one of the more difficult areas of private international law, in that the mechanical aspects of the conflict of laws (as set out in the Hague Convention on the Civil Aspects of International Child Abduction, 25 October 1980, 19 ILM 1501) interact with the more personal aspects of international family life.

This post will examine the issue of international child abduction under the Hague Convention regime from the perspective of ‘time-limited consent’, namely whether the ‘habitual residence’ of a child can unilaterally be changed during a time-limited consent period when one parent wrongfully removes or retains a child in another contracting state. Continue reading →