Tag Archives: habitual

“Habitual Residence” Defined by Provincial Statute Governs in Non-Hague Abduction Cases

Photo by Ricardo Moura on Pexels.comDespite strong judicial denunciation of self-help measures by Courts world-wide, some parents will always resort to the unilateral removal of a child from their home jurisdiction, usually without notice to the child’s other parent and … Continue reading

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Calixto v Lesmes, 2019 WL 397003 (M.D. Florida, 2019)[Colombia] [Habitual Residence] [On remand]

          In Calixto v Lesmes, 2019 WL 397003 (M.D. Florida, 2019) on September 1, 2017, Mr. Calixto filed an action against Ms. Lesmes, M.A.Y.’s mother, for the return of five-year old M.A.Y., to Colombia. The Court referred the matter to … Continue reading

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Supreme Court Weighs In On Defining “Habitual Residence”

An unfortunate reality of divorce and separation involving children is that children are sometimes abducted by one of the parents. The police and courts are equipped to deal with this when it happens entirely within Canada’s borders, but things are … Continue reading

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Pena v Serrano, 2017 WL 6542758 (W.D. Texas, 2017)[Mexico] [Habitual Residence] [Patria Potestad] [Petition granted]

In Pena v Serrano, 2017 WL 6542758 (W.D. Texas, 2017) the district court granted Edgar Andres Soto Pena’s petition for the return of his children to Mexico. Petitioner and Respondent were Mexican nationals who married in 2005 in Mexico and … Continue reading

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Employee dismissed because of habitual lateness

Employee dismissed because of habitual lateness Dept. of Corrections v Gardner, OATH 1096/99 Disciplinary charges were filed against Darell Gardner, a New York City corrections officer, alleging various time and leave violations such as failing to call in to report … Continue reading

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