Hello, I am Attorney Kim Yae-jin. I would like to tell you about a case in which I won a child return claim under the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter referred to as the “Hague Convention”).

Overview of the case

A is a foreigner and B is a Korean, who got married in a foreign country, lived there, and had a child. B visited Korea during the summer vacation and said that she would return when the school term started, but suddenly just before the school term started, she said that she would raise the child in Korea.

Mr. A filed a child return application with the Central Authority of the Hague Convention in his country of citizenship, and the Central Authority notified the Ministry of Justice, the Central Authority of the Hague Convention in Korea. The Ministry of Justice found out B's residence and requested that B return the child to his original residence, but B refused.

As a result, A had to file a child return suit under the Hague Convention. With the help of divorce lawyer for foreigners Kim Yae-jin, A filed a child return claim with the Seoul Family Court.

B argued that A had assaulted B during the marriage, A was financially incompetent, and A had a poor life in the country of nationality. Hence, B did not have to return the child because there was a significant risk that the child would be exposed to physical or mental harm or otherwise be placed in an intolerable situation due to the return of the child (Article 12(4)(3) of the Hague Convention on the Civil Aspects of International Child Abduction), which is one of the exceptions to the return of the child.

However, Kim Yae-jin argued on behalf of Mr. A that there is no evidence that Mr. A assaulted Ms. B, and there is no objective evidence of this, and that Mr. A's economic inability and poor living conditions do not constitute grounds for the return exception.

The court accepted the argument of divorce lawyer Kim Yae-jin and ordered Ms. B to return the child to Mr. A.

Ms. B appeal against the order, but it was finally dismissed. Ms. B voluntarily return the child to Mr. A after Mr. A’s lawyer Kim, Yae Jin filed the enforcement order for the return of the child and the enforcement order was issued by the court.

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Yae-jin Kim, esq.

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