What is the test for exercising "rights of custody" under the Hague Convention?
Ontario, Canada
The following excerpt is from Kommineni v. Guggilam, 2022 ONCJ 66 (CanLII):
The exercise of “rights of custody” in the context of Article 3 of the Hague Convention must be widely construed. As was held in the case of Agboola v. Unoh,[12] there is a very low threshold for the left-behind parent to establish that he was exercising custody rights and similarly a very high threshold for the parent who has the child to establish the left-behind parent has abandoned his rights of custody.
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