Document Type

Article

Publication Title

The Globe Newsletter

Publication Date

2007

Abstract

A child’s testimony that he prefers to stay with the parent who wrongfully retained him in violation of the Hague Convention on the Civil Aspects of International Child Abduction (Convention) may be sufficient to overcome the petitioning parent’s right to have the child promptly returned to his country of habitual residence. The 10th Circuit held that a 13-year-old boy’s in camera interview with a magistrate judge—where neither the parents nor their counsel were in attendance—provided sufficient evidence to defeat a repatriation claim brought by his mother, with whom he was living, in Canada.

Share

COinS