"Otherwise the Convention would be rendered meaningless in many cases where it is most needed since ne exeat rights can only be honored with a return remedy because these rights depend on the child’s location being away from its habitual residence; The Convention’s purpose of deterring child abductions by parents who are looking for a friendlier custody forum would otherwise be compromised; and International case law favoring such an interpretation should be respected."
The Decision Was Expected
An example of how Hague cases should be handled is provided by England. There only specialized judges may handle Hague cases. Furthermore, the English courts have enacted rules that require that appeals in Hague cases be lodged within 14 days of the first instance decision and appeals are expedited through a fast-tracking appellate procedure. The target of six weeks is for resolution of the case in its entirety, including all appeals.