CA Lyon, 17 janvier 2011, No de RG 09/05813
The return application concerned a girl born in 2004 in Romania to Romanian parents. In November 2005, the parents divorced and custody of the child was awarded to the father. On 3 June 2006, the parents decided, as witnessed by a notary, to set up alternate custody, with each parent having care of the child […]
T.T. c. M.M., Droit de la Famille 103615, Cour sup?rieure de Roberval, 15 d?cembre 2010, 2010 QCCS 6585
Rights of Access – Art. 21 The mother used this provision to enable her to obtain legal aid in Quebec, as that province’s Central Authority is bound to assist a parent applying for enforcement of a judgment relating to custody or rights of access delivered in another jurisdiction in a situation involving two countries bound […]
Mercredi v. Chaffe (C-497/10 PPU)
The proceedings related to a child born in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time the father […]
CA Paris, 14 octobre 2010, No de RG 10/17238
The case concerned a girl born in Israel in 2008 to married parents. She had lived there with her parents until December 2009, when the mother moved to France with the child. On 11 August 2010, the family judge of the Tribunal de Grande Instance of Paris held that the child’s removal was not wrongful […]
Cass Civ 1?re, 20 octobre 2010; No de RG 08-21161
The case concerned two girls born in 1995 and 1997. The family lived in Italy. After the parents’ separation in 2004, an Italian court awarded sole custody to the mother and a right of access on Italian territory to the father. In 2007, the father took the children to France. The children’s return to Italy […]
Cass Civ 1?re 8 Juillet 2010, N? de pourvoi 09-66406
The two boys were born in 1995 and 1997. Pursuant to the parents’ divorce in 2001, the children’s residence was set with their mother in England. When exercising a right of access and accommodation at the father’s domicile in France, the father did not return the children as scheduled on 3 January 2009, in reliance […]
Re C. (A Child) [2010] EWCA Civ 832
The proceedings related to a child born in December 2009. In the six months prior to the birth, the parents, who had married in June 2008, had been living apart, the father in France, the mother in England. The parents’ relationship was described as fluctuating. The father did make two visits to England and attended […]
Cour de cassation, 6 mai 2010, No 32/10
The case concerned two children. The family lived in Luxembourg since their birth. The mother decided to move to France with the children. The father applied for the children’s custody and their return. His application was dismissed by the Court of Appeal, and he appealed to the Cour de cassation.
Cass Civ 1?re 20 janvier 2010, N? de pourvoi 08-18085
The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. After a first separation of the parents in 2005, the mother moved to France with the children. The parents reconciled and the mother returned with the children to live in Italy […]
Cass Civ 1?re, 20 janvier 2010, N? de pourvoi 08-19267
The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. In September 2007, the mother left her husband and Italy with the children. On 2 May 2008, a Family Court judge ordered the return of the children to Italy and “recalled” […]
