Decision of the Federal Supreme Court 5A_846/2018 of 6 November 2018
Par requ?te, d?pos?e le 19 septembre 2018 devant la Chambre civile de la Cour de justice de la R?publique et canton de Gen?ve, le requ?rant a conclu, par r?f?rence ? la Convention de La Haye du 25 octobre 1980 sur les aspects civils de l’enl?vement international d’enfants, au retour imm?diat en France ses enfants. Les […]
Cass Civ 1?re, 14/06/2017, Y c. X, N. 17-10980
Oberlandesgericht N?rnberg (Nuremberg Higher Regional Court), 7 UF 660/17, 05 July 2017
The Applicant father and the Respondent mother had a daughter together, born on 22 February 2014. They lived together with the child and an older daughter of the mother in France. In June 2018 the mother travelled to Germany and gave birth to another child, whose biological father is the Applicant. The mother returned to […]
2016 (Ra) No. 622 Appeal case against dismissal of case seeking return of a child
Consent – Art. 13(1)(a) The Osaka High Court judges held that, despite the assertion of the mother that the father consented to or acquiesced in the removal of the child to Japan, there was no evidence for this assertion. The father had consented only to the mother going to Japan with the child for a […]
AR v. RN (Scotland) [2015] UKSC 35
The case concerned two girls born in France in August 2010 and June 2013. The appellant father, a French national, and defendant mother, a British and Canadian national, were not married. The family lived in France until July 2013, when the mother moved to Scotland with the children. Both parties submitted that they had agreed […]
Cass Civ 1?re, 04/03/2015, Y c. X, N. 14-19015
Cass Civ 1?re, 19 novembre 2014, N? de pourvoi 14-17.493
L’affaire concernait une enfant n?e en mai 2012 ? Johannesburg de parents mari?s. Les parents se s?par?rent au cours des six mois suivant la naissance de l’enfant. La m?re convint avec le p?re, titulaire du droit de garde, d’un voyage de l’enfant avec la m?re en France, du 25 novembre 2012 au 15 f?vrier 2013.La […]
C. v. M. (C-376/14 PPU)
The proceedings concerned a child born in France on 14 July 2008 to a French father and a British mother. The parents’ marriage broke down shortly after the birth. A divorce was pronounced by the Regional Court (Tribunal de Grande Instance) of Angoul?me (France) on 2 April 2012; parental responsibility was to be exercised jointly […]
K.T. v. M.B., 2014 QCCS 3144
CA Paris, 5 juillet 2013, No de RG 13-11740
The case concerned a child born in Portugal in 2006 to Portuguese married parents. In May 2010, a Portuguese court decreed the parents’ divorce and approved their agreement for the settlement of parental responsibilities, whereby the child was entrusted to the care and custody of the mother, with parental responsibility being exercised jointly. On 26 […]
