LRR v COL [2020] NZCA 209
The mother and the father were living in Australia with their son, H. Following the break-down of their relationship, the mother moved to New Zealand with H, then aged 2 and a half. The New Zealand Central Authority applied to the Family Court on behalf of the father for an order for the return of […]
COMAR & COMAR [2020] FamCAFC 99
WALPOLE & SECRETARY, DEPARTMENT OF COMMUNITIES AND JUSTICE [2020] FamCAFC 65
OLG Thüringen – 1 UF 11 20 – 17 March 2020
In its order dated 9 December 2019 (File No: 47 F 632/19), Jena Local Court ordered the return of the child, who was born in December 2017, to Australia. The child’s mother’s complaint (Beschwerde) appeal against this was rejected by way of a decision issued by Thuringia Higher Regional Court dated 3 March 2020 (File […]
X. (the mother) against Y. (the father)
Grave Risk – Art. 13(1)(b) The mother claimed that during her relationship with the father she was regularly exposed to domestic violence in presence of the child. If the child were to return to Australia this would place her in an intolerable situation as referred to in Article 13(1)(b) of the Convention. The father explicitly […]
In the matter of C (Children) [2018] UKSC 8
The mother and father met and married in Australia. The mother was a British national and the father an Australian national. Their two children were born in 2012 and 2014, and during the latter stages of the mother’s maternity leave, the marriage was in difficulties. The father agreed the mother could travel to England with […]
Re S. (A Child) (Abduction: Rights of Custody) [2012] UKSC 10, [2012] 2 A.C. 257
The application concerned a child born on 13 November 2009 in Australia to an Australian father and a mother with dual British and Australian nationality. The parties were not married but had lived together between October 2008 and January 2011. Before meeting the mother, the father had been a heroin addict and between 2009 and […]
Central Authority for the Republic of South Africa, E, RC and M, A (11/39798; 2012/1096)
The proceedings concerned a child born in Australia in May 2007 to unmarried parents. The parents had met in 2000 in Kosovo where they were working as United Nations volunteers. Thereafter they led independent, peripatetic lives. After her birth, the child moved with the mother between Turkey, Australia and South Africa. Mother and child lived […]
X. v. Latvia (Application No 27853/09)
The application concerned a child born in Australia in February 2005 to a Latvian mother and an Australian father. The mother had met the father in early 2004 and moved into his flat at the end of the year when she was in a late stage of pregnancy. The relationship between the parties deteriorated. The […]
CA Agen, 1 d?cembre 2011, No de RG 11/01437
The case concerned a child born in Australia in 2005. After the parents separated in 2009, the parties entered in April 2010 into an agreement settling the child’s living conditions and the periods when he would travel to France with his mother alone or with both parents. It was also specified that the mother would […]