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.
Recommended Citation
Juli Campagna,
A Minor Child May Establish His Own Best Interests for Purposes of the Hague Convention on International Child Abduction, 45 THE GLOBE, Newsl. of the ISBA’s Sec. on Int’l & Immigr. L 1
(2007)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/401