Примери за използване на Wrongful removal на Английски и техните преводи на Български
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Wrongful removal or retention' means the removal or retention of a child where.
On the return of a minor abroad in the event of wrongful removal or retention;
Wrongful removal or retention' means a child's removal or retention where.
B- The system established by Regulation No 2201/2003 in the specific case of wrongful removal of a child.
The term‘wrongful removal or retention' shall mean a child's removal or retention where.
Article 2(11) of Regulation No 2201/2003 defines the‘wrongful removal or retention… of a child' in the following terms.
Wrongful removal or retention' means a child's removal or retention where.
Does that mean however that the change in circumstances which is a consequence of Antonella's wrongful removal must be ignored?
The term‘wrongful removal or retention' shall mean a child's removal or retention where.
Article 35 this Convention shall apply as between Contracting States only to wrongful removal or retention is occurring after it's entry into force in those States.
In that situation, which is governed by Article 10 of that regulation,jurisdiction is assigned to the court of the Member State where the child was habitually resident immediately before the wrongful removal.
Experience shows that in many cases, the wrongful removal or failure to return(retention of) a child results from lack of knowledge on the part of the so-called abducting parent.
(III) a case before the court in the Member State where the child was habitually resident immediately before the wrongful removal or retention has been closed pursuant to Article 11;
Experience shows that in many cases, the wrongful removal or failure to return(retention of) a child results from lack of knowledge on the part of the so-called abducting parent.
The court with territorial jurisdiction for the enforcement of a decision on the return of a minor abroad in the event of wrongful removal or retention is the court of first instance.
In cases of the wrongful removal or retention of a child, the return of the child should be obtained without delay, and to that end the 1980 Hague Convention should continue to apply as complemented by this Regulation, in particular Chapter III.
First, it appears to me undeniable that the questions referred to the Court derive from a dispute following the wrongful removal of a child within the meaning of Regulation No 2201/2003.
In cases of wrongful removal or retention of a child, the return of the child should be obtained without delay, and to this end the Hague Convention of the 25th October, 1980, would continue to apply as complemented by the provisions of this Regulation, in particular Article 11…”.
(iii iv) a case before the court in Ö of Õ the Member State where the child was habitually resident immediately before the wrongful removal or retention has been closed pursuant to the second subparagraph of Article 11(7) 26(3);
(IV) a judgment on custody that does not entail the return of the child has been issued by the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention.
In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual residence in another State.
Where a child has been wrongfully removed or retained and, at the date of the commencement of the proceedings before the judicial or administrative authority of the contracting state where the child is,a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the child's immediate return.
(25)In cases of Ö the Õ wrongful removal or retention of a child, the return of the child should be obtained without delay, and to this Ö that Õ end the Ö 1980 Õ Hague Convention of 25 October 1980 would Ö should Õ continue to apply as complemented by the provisions of this Regulation, in particular Article 11 Chapter III.
A comparison of Article 2(7) of Regulation No 2201/2003, which defines parental responsibility without reference to the law of the Member States, and Article 2(11) of that regulation,which defines wrongful removal and retention, could form the basis for an interpretation according to which it would be for the Court to determine what is covered by the concept of‘institution' within the meaning of those two provisions.
In case of wrongful removal or retention of the child, the courts of the Member State where the child was habitually resident immediately before the wrongful removal or retention shall retain their jurisdiction until the child has acquired a habitual residence in another Member State….
In particular, under Article 11(6) of that regulation, if a court of another Member State has made an order of non-return pursuant to Article 13 of the 1980 Hague Convention, that court must transmit a copy of that order and of the relevant documents to the court which has jurisdiction orthe central authority in the Member State where the child was habitually resident immediately before the wrongful removal or retention.
Moreover, since the situation involves the wrongful removal of a child, contrary to Regulation No 2201/2003 and the 1980 Hague Convention, I consider that if the procedure initiated by Ms Detiček were allowed and if the provisional measure taken by the Slovenian court were held to be valid, that would amount to legitimising blatantly unlawful conduct.
However, it points out that that question appears to be based on the premiss that, if the English courts acquired rights of custody from 9 October 2010, the failure to return the child to England is unlawful and therefore such as to trigger the application of both the Hague Convention onInternational Child Abduction and Article 11 of Regulation No 2201/2003, which deals specifically with the return of the child in the case of wrongful removal or retention.
In that regard it must first of all be pointed out that there may be‘wrongful removal or retention' of a child under Article 2(11) of Regulation No 2201/2003 only where it is in breach of rights of custody acquired by judgment or by operation of law or by an agreement having legal effect under the law of the Member State where the child was habitually resident immediately before the removal or retention.
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse to the specific procedures for proof of that law or for the recognition of foreign decisions which would otherwise be applicable.