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TITLE Supreme Court Order 2017Seu630 Dated April 17, 2018 【Petition for Return of a Child (The Hague Convention on the Civil Aspects of International Child Abduction)】 * First draft [full Text]
Summary
In a case where a person whose right of custody has been breached as a result of a wrongful removal or retention of a child to or in the Republic of Korea requests to the court for the child’s return, whether “a grave risk,” prescribed as the grounds for exception to return under Article 12(4)3 of the Act on the Implementation of the Hague Child Abduction Convention, includes the following: (i) where a child may be exposed to psychological harm due to frequent violence committed by one parent against the other parent; and (ii) where a child’s return to the State of the habitual residence may place the child in severe suffering by depriving him/her of appropriate protection or care (affirmative); and in such cases, factors to be taken account of by the court receiving application for the return of a child
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