A difficult custody battle over my 6 month old daughter went on for 6 years. Has been over for over 5 years. I have 50/50 but when I went to get passport for her, I was attacked. The judge wants both parties to sign waiver of civil/extradiction rights prior to entering any country, however, I have not found that this is possible. I did not challenge the judge as it protects me from mom also, however, I think that you just have to trust treaties between the countries. Am I totally off base here.
Hi, extradition from one country depends on what Treaties are in place between that particular country and the country the detainee is being extradited to. However, there is always the argument that a person would not receive a fair trial and as such, could argue that the extradition is an infringement of the European COnvention of Human Rights, the right to a fair trial.
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Is there a standing form in each country to waive your rights that you can sign prior to going to a country or do they not exist
Or is it not legal to waive rights in advance in the EU so to speak
The forms do not exist.
That is what I thought. Think you.
Therefore, there is no facility to waive rights as currently, each member state has a discretion whether they choose to extradite. Although in the UK, new legislation is set to remove the discretion meaning that there is automatic extradition to people who have committed an offence abroad and are required to serve a sentence
Solicitor-Advocate. UK Practising Certificate issued by SRA.
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