[DOWNLOAD] "International Law - the Hague Convention on the Civil Aspects of International Child Abduction - Father Failed to Establish That He Maintained Rights of Custody Under Chilean Law - Villegas Duran V. Arribada Beaumont." by Suffolk Transnational Law Review * Book PDF Kindle ePub Free

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• Title: International Law - the Hague Convention on the Civil Aspects of International Child Abduction - Father Failed to Establish That He Maintained Rights of Custody Under Chilean Law - Villegas Duran V. Arribada Beaumont.
• Author : Suffolk Transnational Law Review
• Release Date : January 22, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 308 KB

Description

The Hague Convention on the Civil Aspects of International Child Abduction was adopted to protect children from the wrongful removal from their home countries and to establish procedures to ensure their prompt return. (1) A parent bringing an action for the wrongful removal of their child must prove that they had custody rights and that the removal of the child was in breach of those custody rights under the law of the home country. (2) In Villegas Duran v. Arribada Beaumont, (3) the United States Court of Appeals for the Second Circuit considered whether a father established that he had rights of custody under Chilean law which would give the court jurisdiction to order the return of the child. (4) The court concluded that the father did not establish by a preponderance of the evidence that he had rights of custody under Chilean law, and therefore, the court could not order the child to be returned. (5) Hugo Villegas Duran (father) and Johanna Arribada Beaumont (mother), both Chilean citizens, were involved romantically but never married. (6) Their daughter was born in 2001 in Chile and lived with both parents until they separated in 2004. (7) After separating, both parents remained in Chile where the child lived with the mother and the father had visitation rights. (8) A final determination of sole custody for the child had not been determined by the Chilean court. (9)

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