Illinois Parent
Member
IAAL, in a recent response to a situation regarding a father who took a child for the weekend and didn't return him, you rightly stated that without a custody decree, both parents have equal 'rights' to physical custody.
your response raised an ancillary question, or rather, a comment. What about the argument of the habitual residence of the child? I know that this is the crux (or one of) of the Hauge Convention, but I was wondering if and how that argument plays in domestic cases. I've heard the argument used, and I've also heard that it is highly effective.
This is a question that I think a lot of posters and readers would benefit from hearing discussed. Being one of the resident legal experts, I and I'm sure others, would appreciate receiving the benefit of your experience.
As always,
Thanks
your response raised an ancillary question, or rather, a comment. What about the argument of the habitual residence of the child? I know that this is the crux (or one of) of the Hauge Convention, but I was wondering if and how that argument plays in domestic cases. I've heard the argument used, and I've also heard that it is highly effective.
This is a question that I think a lot of posters and readers would benefit from hearing discussed. Being one of the resident legal experts, I and I'm sure others, would appreciate receiving the benefit of your experience.
As always,
Thanks