Hague Convention Only Considers One Habitual Residence of a Child

Obermayer Rebmann Maxwell & Hippel LLP
Contact

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects of International Child Abduction. Those who handle child custody cases are ­familiar with this concept. However, the U.S. Court of Appeals for the Third Circuit was faced with a case of first impression when the issue arose as to whether a child can have concurrent habitual residences. The case of Didon v. Castillo, 2016 US App. Lexis 17467 (3d. Cir. 2016), had very unique facts that gave rise to this issue. In the Didon case, Alicia Castillo (referred to as Dominguez in the opinion and this article) had two children: A.D. and J.D. J.D. was from a prior relationship and A.D. was the biological child of Maurice Didon and Dominguez. Didon never formally adopted J.D. but the parties petitioned to change J.D.'s birth certificate to list Didon as her father. The petition was granted and Didon was listed as J.D.'s father on her birth ­certificate. The parties lived in Saint Martin. Saint Martin ­consists of two legally distinct countries: the French Saint Martin and the Dutch ?Sint Maarten.

Originally published in The Legal Intelligencer - October 18, 2016.

Please see full Article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Obermayer Rebmann Maxwell & Hippel LLP | Attorney Advertising

Written by:

Obermayer Rebmann Maxwell & Hippel LLP
Contact
more
less

Obermayer Rebmann Maxwell & Hippel LLP on:

Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.