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TITLE Supreme Court Order 2017Seu630 Dated April 17, 2018 ¡¼Petition for Return of a Child (The Hague Convention on the Civil Aspects of International Child Abduction)¡½ [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, submitted 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: (a) where a child may be exposed to psychological harm due to frequent violence committed by one parent against the other parent; and (b) where a child¡¯s return to the State of 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 an application for the return of a child
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