Guichard v. France, Requ?te n?56838/00
The child was born in 1990 to a French father and a Canadian mother. He had always lived in France. On 13 May 1992, the mother unilaterally decided to take the child to Canada to live with her. In 1993, a Canadian Court granted custody of the child to the mother. The various applications for […]
Jabbaz v. Mouammar (2003), 226 D.L.R. (4th) 494 (Ont. C.A.)
The mother and father, Canadian citizens, lived together in Canada for three years. They had one child, a boy, who was six years old at the time of the Court’s decision. The mother and father separated in 1998. They entered into an agreement for joint custody with primary residence to be with the mother. Under […]
Paradis v. Germany, Requ?te n?4783/03
Les trois enfants en cause ?taient n?s au Canada d’une m?re allemande et d’un p?re canadien. Apr?s trois ans de vie maritale, la m?re emmena ses trois enfants et leur demi-sœur issue d’un premier lit, dans un refuge pour femmes en difficult?. Le m?me mois, en f?vrier 1997, le p?re obtint la garde provisoire de […]
M.G. v. R.F., 2002 R.J.Q. 2132
The child, a girl, was born in Australia in 2000. A few weeks after the birth, the parties moved to the United States. In October 2000, the mother, without the knowledge of the father, took the child to Canada. The father brought a return application in May 2001. The judge at first instance held that […]
J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
The mother and father were married in the United States in 1990. Their child, a girl, was born in January 1992. The mother and father divorced in the United States in 1993. Under the divorce decree the parents had joint custody, the mother having physical care, the father access. In 1995, on the basis of […]
Bundesgerichtshof, XII. Zivilsenat, XII ZB 99/01, 18 July 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]
(Deleted) Sharif Salah v. Awes, No. F9001664 (Minn. App. Div. 2001)
The child was approximately 3 at the date of the alleged wrongful retention. It was disputed whether the parents were legally married. They stopped cohabiting in 1997. Thereafter the child lived with the mother. In 1999 the mother took the child to the United States. In June 2000 the father applied to the Canadian Central […]
J.S.S. v. P.R.S, [2001] 9 W.W.R. 581 (Sask. Q.B.)
The mother and father, South African nationals, were married in 1993. Their child, a boy, was born in Canada in May 1995. The family returned to South Africa during the summer of 1995 and lived there for a year. In August 1996 they returned to the United States and lived in Pennsylvania. The mother brought […]
Chan v. Chow (2001), 199 D.L.R. (4th) 478 (B.C.C.A.)
Habitual Residence – Art. 3 Habitual residence is a question of fact to be decided by reference to all the circumstances of the case. A habitual residence is established by residing in a place for an appreciable period of time with a settled intention. A child’s habitual residence is tied to the habitual residence of […]
Oberlandesgericht Celle, 15 UF 85/01, 24 April 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]