1Ob176/09b, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

The case concerned twins of a Franco-Austrian mother and French father who were not married. The family had lived in France until December 2008. The father was violent towards the mother but it had not been demonstrated that he had been violent towards the children, or that he had sexually abused them. The mother took […]

5A_427/2009, IIe cour civile, arr?t du TF du 27 juillet 2009

INCADAT legal file Hague parental abduction

L’affaire concernait une petite fille n?e en Suisse en septembre 2007 de p?re fran?ais et de m?re portugaise. Le p?re ?tait domicili? en France et la m?re en Suisse. Juste avant la naissance de l’enfant, la m?re projeta d’aller s’?tablir en France. Elle r?silia son bail, d?m?nagea ses affaires en France fin novembre 2007 et […]

Cass Civ 1?re 17 Juin 2009, N? de pourvoi 07-16427

INCADAT legal file Hague parental abduction

The application concerned a child born in New York in 2001. The family had lived in the United States until the father took the child with him to France in February 2006 for the child to undergo surgery. It was planned for them to return to the United States before 30 March 2006. As the […]

CA Chamb?ry, 24 avril 2009, No de RG 09/00305

INCADAT legal file Hague parental abduction

The application concerned a child born in New York in 2001. The family had lived in the United States of America until the father took the child to France in February 2006 to undergo surgery. They were supposed to return to the United States of America before 30 March 2006. As the father and child […]

CA Poitiers, 16 avril 2009, No de RG 09/00356

INCADAT legal file Hague parental abduction

The children, two boys, were born in 1995 and 1997. Following the parent’s divorce in 2001, the residence of the children was set with their mother in England. After a visit with their father at his home in France in the context of his access rights, the father failed to bring the children back on […]

Cass Civ 1?re 25 f?vrier 2009, N? de pourvoi 08-18126

INCADAT legal file Hague parental abduction

The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father visitation rights. The mother’s right of custody was, however, limited insofar as she was obliged to refer to a court if she wished to migrate. The mother took the children […]

Cass Civ 1?re 17 D?cembre 2008, N? de pourvoi 07-15393

INCADAT legal file Hague parental abduction

R?sidence habituelle – art. 3 La m?re indiquait que la Cour d’appel n’avait pas caract?ris? que la r?sidence habituelle de l’enfant, qui avait souvent effectu? des s?jours plus ou moins longs en France, ?tait aux Pays-Bas. La Cour de cassation observa que la Cour d’appel avait not? que l’enfant ?tait n? aux Pays-Bas d’un p?re […]

B-2346-08

INCADAT legal file Hague parental abduction

The child, a girl, was almost 1 year old at the time of the alleged wrongful removal. She was born in France in July 2007, where she lived with her parents. The parents were not married, but the father recognized the fatherhood and they had joint custody. The mother, a Danish citizen, kept her apartment […]