Decision of the Federal Supreme Court 5A_1021/2017 of 8 march 2018
R?sidence habituelle – art. 3 Le principe du recours exclusif au rattachement ? la r?sidence habituelle de l’enfant, consacr? notamment dans la CLaH80, s’oppose ? ce qu’un enfant jouisse, d’un point de vue juridique au moins, de plusieurs r?sidences habituelles. En revanche, un enfant peut avoir « deux r?sidences habituelles alternatives et successives », en […]
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 […]
Balev v. Baggott, 2016 ONCA 680
County Court of Zagreb, No. 1 Gž Ob-1456/2016-2 of 2 December 2016
The proceedings were initiated after the father filed an application for the return of the child to Germany with the German Central Authority. The mother removed the child from their family home in Germany on 6 April 2016 without the father’s prior knowledge or consent. At the time of the removal the child was three […]
Municipal Court of Rijeka, No. R1 Ob-336/16 of 27 July 2016
The procedure for the return of the retained child was initiated by the father. The mother came to Croatia in December 2015 to assist with the care of her sick mother. With the express consent of the father, the child came with the mother. She owned a flat in Croatia and began actively looking for […]
Schleswig Holsteinisches Oberlandesgericht, 12 UF 169/13, 08 January 2014
Rights of Custody – Art. 3 The parents have joint custody of their daughter. There is no evidence of the (implied) consent of the father to the daughter being taken to Germany permanently. For a child to be deemed to have been taken abroad illegally, there is no requirement that this must have been done […]
Karlsruhe Higher Regional Court, 2 UF 266/14, 16 December 2014
Rights of Custody – Art. 3 As provided for by Hungarian law, the parents had joint custody of their son. His place of habitual residence was in Hungary, where he had lived since birth. The father had been exercising his rights of custody. The court emphasised that no unnecessarily high demands could be made of […]
CA Paris, 6 novembre 2012, No de RG 11/18814
L’affaire concernait une enfant n?e en avril 2002 dont la m?re vivait en Allemagne et le p?re en France. L’enfant vivait habituellement en Allemagne. ?? une date ind?termin?e, l’enfant vint vivre en France avec son p?re. En 2011, la m?re demanda le retour de l’enfant en Allemagne. Le juge de premi?re instance, qui auditionna l’enfant, […]
Oberlandesgericht Hamm, II-11 UF 85/12, 28 June 2012
Rights of Custody – Art. 3 The daughter was born in Germany when her parents were still married, as a result of which the parents had joint custody. The son was born in Poland after the parents had divorced, and the father was entered as such on his birth certificate, meaning that it is also […]
Bayer v. Bayer [2012] NZFLR 567
The proceedings concerned children born in Germany, to married German parents, in November 2000 and August 2003. The family had lived in Germany until August 2006 when the parents took the children to New Zealand to pursue a new life. Permanent residency visas were issued for all family members on 12 October 2007 and indefinite […]
