(21) Because there is no guidance in the Convention or in ICARA
, and there is no guidance from the Supreme Court, the federal courts continue to apply conflicting standards in determining habitual residence.
, parties may seek enforcement of their rights under the
Assim, o numero de PRCV incluidos na pesquisa ficou assim distribuido: Ararangua com quatro estabelecimentos, Braco do Norte com dois, Capivari de Baixo com dois, Criciuma com sete, Forquilhinha com dois; Icara
com tres, Imbituba com tres; Laguna com tres; Orleans com dois, Sombrio com dois; Tubarao com cinco e Urussanga com dois estabelecimentos.
: um jazigo mortuario no litoral de Santa Catarina.
This paper has used the Spanish version by Icara
, Colom & Orengo (1996).
2008) (application of Hague Convention on Civil Aspects of International Child Abduction and International Child Abduction Remedies Act (ICARA
) on international aspects of jurisdiction where father seeks return of three children to Mexico following their removal by mother); see also Mark S.
The purposes of ICARA
's fee-shifting provision is "to restore the applicant to the financial position he or she would have been in had there been no removal or retention" as well as "to deter such conduct from happening in the first place." (179) It will be noted that while this provision purports to implement art.
(35.) BEAUMONT & MCELEAVY, supra note 7, at 29-30; Linda Silberman, Patching Up the Abduction Convention: A Call for a New International Protocol and a Suggestion for Amendments to ICARA
, 38 TEX.
, a petitioner whose custody rights have been violated must establish, by a preponderance of the evidence, that the child was wrongfully removed from the country of her habitual residence.
For example, the Hague Convention on the Civil Aspects of International Child Abduction (3) was implemented by the federal International Child Abduction Remedies Act (ICARA
The third section, which is empirical, explores the relevance of the theoretical argument in relation to the four principal attempts by UNHCR to develop initiatives to foster North-South cooperation to address mass influx or protracted refugee situations: the International Conferences on Assistance to Refugees in Africa (ICARA
I and II) of 1981 and 1984, the Comprehensive Plan of Action (CPA) for Indo-Chinese Refugees of 1988-1996, the International Conference on Central American Refugees (CIREFCA) of 1987-1994, and the Convention Plus initiative of 2003-2005.