Cass Civ 1?re, 29 f?vrier 2012, N? de pourvoi 11-15.613
Rights of Custody – Art. 3 The mother claimed among other pleas that a removal was wrongful if it occurred in breach of a right of custody granted by the law of the State of the child’s habitual residence immediately before its removal. But while the Court of Appeal had held that the child’s habitual […]
Supreme Court of Greece (?????? ?????), decision 1857, 16 December 2011
The proceedings related to a child born in Germany in 2001 to Greek parents. The parents were married and shared parental responsibility under both German and Greek law. The marriage was characterized by incidents of domestic abuse. In 2007, the mother left Germany with the child in order to visit her sick grandmother. When she […]
CA Lyon, 19 septembre 2011, No de RG 11/02919
The application concerned two children born in Germany in 1996 and 1999. After the parents’ separation, the children’s habitual residence had been set by a court at the father’s domicile in Germany. In August 2010, the mother refused to allow the children to return to Germany after exercising her right of access, and unilaterally set […]
CA Paris, 17 f?vrier 2011, No de RG 11/00507
The case concerned a child born in 2009. After her marriage to the father, the mother lived in France with the child, cohabiting with the father in Germany during monthly stays from October to December 2009. She was committed to a psychiatric institution in December in Germany and then returned to France alone, the child […]
Karoussiotis c. Portugal (Requ?te No 23205/08)
The case concerned a child born in Germany in 2001. Shortly after she was born, the father, a Portuguese national, was sentenced to a jail term before being deported in 2004. The parents had separated during the father’s imprisonment, but in January 2005, the mother travelled to Portugal to collect the child, who had visited […]
Aguirre Zarraga v. Pelz (C?491/10 PPU)
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003) The CJEU noted that Regulation No 2201/2003 had set up a system whereby, in the event that there is a difference of opinion between the court where the child is habitually resident and the court where the child is wrongfully present, the former […]
The return of a wrongfully retained minor back to the Federal Republic of Germany (Case No. 2. 187-10)
The child was born in 2005 in Germany. Her mother is a citizen of Georgia and her father is a citizen of Germany. The couple married in 2003. According to Section 1626 of the German Civil Code, both parents had joint custody. The family lived together in their flat in Berlin and both parents exercised […]
Karlsruhe Higher Regional Court, 2 UF 172/09, 8 January 2010
The Applicant father and Respondent mother were married and lived together in England with their three children ? two daughters, born on 1 March 2001 and 27 July 2005, and a son, born on 11 November 2003. The parents had joint custody of the children. In February 2009, without the prior knowledge of the father, […]
Rinau v. Rinau (C-195/08 PPU)
The application related to a child born in Germany on 11 January 2005. Shortly after the birth the parents separated with the child remaining with her mother. In July 2006 the father agreed to the mother taking the child to Lithuania for a two week vacation. The child was not returned. After being awarded custody […]
5Ob17/08y, Oberster Gerichtshof, 1/4/2008
L’affaire concernait quatre enfants n?s en 1992, 1996, 1999 et 2001 de parents allemands. Les parents ?taient mari?s. Le 19 mai 2007, la m?re quitta le domicile conjugal et partit s’installer en Autriche avec les enfants. Son avocat informa le p?re moins d’une semaine plus tard qu’elle le quittait et allait provisoirement vivre avec les […]