Kantemir  TKHAZEPLOV

THE LEGAL NATURE OF CASES ABOUT CHILD RETURN OR ON THE EXERCISES OF RIGHTS OF ACCESS TO THE CHILD

Authors

Kantemir TKHAZEPLOV

Keywords:

law, legal nature, lawsuit, special proceedings, peculiarities of consideration, the return of the child, the courts, the Hague Convention, access rights.

Abstract

The article is devoted to the study of the legal nature of cases involving the return of a child or the exercise of access rights to a child; The question is being investigated as to what kind of production the examined category of cases should be considered - lawsuit or special. Having defined the criteria for distinguishing between two types of proceedings, the author determines the legal nature of these cases and highlights the peculiarities of their consideration. According to the author, the investigated category of cases cannot be considered in the framework of a special proceeding, as in these cases there is a dispute about the law, which indicates the lawsuit. And the peculiarities of the consideration of these cases are justified by the objectives of the 1980 Convention and are legitimate.

THE LEGAL NATURE OF CASES ABOUT CHILD RETURN OR ON THE EXERCISES OF RIGHTS OF ACCESS TO THE CHILD