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Article 15 is an innovative mechanism which displays the cooperation which is central to the 1980 Hague Convention. The Central Authorities of the Contracting States shall so far as practicable assist applicants to acquire such a choice or dedication. For the needs of Scots law the removing of the child was in breach of actually exercised rights of custody.

The Federal Court of Appeal decided that the non-return order of the Quebec Court of Appeal in respect of one of many children did not “directly contravene” the deportation order that had been made. Rather the latter ruling merely dismissed the daddy’s software for return of the kid – it did not embrace a selected order as to the child’s place of residence. Moreover the finding of the Quebec Court of Appeal in the Hague Convention proceeding that the child had settled into his new environment was not enough to justify …