Duhaime's Law Dictionary


Chasing Order Definition:

An order sought by a party seeking return of a child that grants custody of the child to that party after the child has already been removed from the jurisdiction.

Related Terms: Ex Parte

Castel and Walker describe a chasing order as follows:

"A chasing order is an ex parte custody order issued after the child has been taken out of the jurisdiction."

In Re Roy, Justice Moreno of the United States District Court in Miami wrote:

"A chasing order is an order sought by a party seeking return of a child that grants custody of the child to that party after the child has already been removed from the jurisdiction.

"The main concern over chasing orders is that they complicate matters in that the Hague Convention seeks to return the child to the status quo that existed before the wrongful removal, and that objective cannot be accomplished the if the courts of the habitual residence have issued a custody order changing the status quo."

REFERENCES:

  • Re Roy, 432 F. Supp. (2d) 1297 (2006)
  • Walker, J. and Casterl,J.-G., Canadian Conflict of Law, 6th Ed. (Toronto: LexisNexis, 2011), vol. 2, page 18-70, Footnote #39.1
  • W. (V.) v. S. (D.), [1996] 2 SCR 108

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