Child Custody And Visitation in Palm Beach County, Florida

If a petitioner meets the burden of proving that the abduction or removal was wrongful, any child who was wrongfully removed is to be promptly returned, unless the respondent can establish an affirmative defense. “If a petitioner meets the burden of proving by a preponderance of the evidence that the removal was wrongful, any children who were wrongfully removed ‘are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies.’ 42 U.S.C. § 11601(a)(4); see also 42 U.S.C. § 11603(e)(1)(A) (setting forth preponderance of the evidence standard for proving that the child has been wrongfully removed). Thus, if the child is wrongfully removed, then the child must be returned to his or her state of habitual residence unless the respondent can establish an affirmative defense.” See Furnes v. Reeves.

Categories

Archives