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II. Habitual residence and the newborn - a French perspective

II. Habitual residence and the newborn - a French perspective

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Original languageEnglish
Pages530-540
Number of pages12
JournalInternational and Comparative Law Quarterly
Journal publication date2012
Volume61
Issue2
DOIs
StatePublished

Abstract

Where a pregnant woman travels and subsequently gives birth to a child abroad, should the left behind father be able to petition for the ‘return’ of his child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction? An affirmative answer would not only presuppose that the abduction of the child had been in breach of the father's actually exercised rights of custody, but would also depend on which country, if any, the child was habitually resident in immediately before the ‘abduction’.

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