Comments on: Where do I live? https://pamelacross.ca/where-do-i-live/ Canadian feminist lawyer and women’s advocate Mon, 07 Jul 2025 14:29:55 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Pamela Cross https://pamelacross.ca/where-do-i-live/#comment-9220 Mon, 07 Jul 2025 14:29:55 +0000 https://pamelacross.ca/?p=5827#comment-9220 In reply to Roxana.

Please note: My response to your question provides general legal information only and should not be construed as legal advice of any kind.
The Hague Convention requires a signatory country to which a child has been taken from another signatory country to assist in finding and returning the child to the country where they are habitually resident. No determination is made as to what parenting arrangements should be made for the child; that would be determined in a legal process once the child has been returned to where they started out. If a parent believes that returning the child would endanger them, the parent can raise this issue — with evidence — in the Hague proceeding. If the court believes the child would be at risk if returned, it can made a decision not to return the child.

]]> By: Roxana https://pamelacross.ca/where-do-i-live/#comment-9210 Fri, 04 Jul 2025 19:27:31 +0000 https://pamelacross.ca/?p=5827#comment-9210 Dear Pamela,
I have a question;
If both Canada and another country are signatories to the Hague Convention on the Civil Aspects of International Child Abduction, how does this affect the determination of a child’s habitual residence—and if the child is denied return due to safety concerns stemming from intimate partner violence (IPV), must the country of origin accept the decision from the opposing country under the Convention, even if there was a court agreement regarding visitation rights?

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