Solutions for Parental Alienation – Professionals Webinar Series 6
In the Matter of M. N. (A CHILD) [2008] IEHC 382
http://www.courts.ie/judgments.nsf/09859e7a3f34669680256ef3004a27de/d73b55d189d6a28a802575140058879c?OpenDocument
Re W. (Children) [2010] EWCA Civ 520, [2010] 2 F.L.R. 1165
M., Petitioner 2005 S.L.T. 2 OH
Retention wrongful but return refused; the boy was habitually resident in Ireland at the time of the retention, but his objections to a return were sufficiently cogent that the trial judge exercised her discretion not to make a return order.
Re B. (Abduction: Children’s Objections) [1998] 1 FLR 667
Removal wrongful but return refused on the basis of the children’s objections.
Central Authority, RSA v. OCI [2010] JOL 25947 (GSJ)
http://www.justice.gov.za/hague/caselaw/2010_iguwa_10-15111.pdf
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 […]
Kubera v. Kubera, 2010 BCCA 118
The proceedings related to a child born in January 2000. The child lived with her parents in Poland until August 2003, whereupon the mother took her to Canada for a 3 month vacation. The stay was extended several times and the mother commenced a relationship in Canada. In December 2004 the mother advised the father […]
J. McB. v. L.E. (C-400/10 PPU)
Rights of Custody – Art. 3 The Court noted that the concept of ‘rights of custody’ was defined in Article 2(9) of Council Regulation 2201/2003 and so was an autonomous concept, independent of the law of Member States. However, pursuant to Article 2(11), the wrongfulness of a removal or retention was entirely dependent on the […]
5A_25/2010, II. zivilrechtliche Abteilung, arr?t du TF du 2 f?vrier 2010
The case concerned a girl born in 2007 to an unmarried Italian father and Swiss mother. On 1 November 2008, the family moved to Ireland. In the spring of 2009, the family broke up. In early August, the mother went to Switzerland with the child, and registered among the residents of a commune; she then […]
