5F_8/2010, IIe Cour de droit civil, arr?t du TF du 26 mai 2011

INCADAT legal file Hague parental abduction

The case concerned a boy born in Israel in June 2003. The father having associated with a religious movement (Loubavitch), marital difficulties arose in the autumn of that year, then the parents separated. On 20 June 2004, a family court in the region of Tel Aviv barred the child from leaving the territory. The following […]

Raban v. Romania (Application No 25437/08)

INCADAT legal file Hague parental abduction

The proceedings related to two children born in Israel in 2003 and 2004 respectively. They had lived there with their married parents until 27 April 2006, when their Romanian mother took them to her home country for an extended visit. It was the case of the Israeli/Dutch father that the visit was for a fixed […]

CA Paris, 14 octobre 2010, No de RG 10/17238

INCADAT legal file Hague parental abduction

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 […]

Neulinger and Shuruk v. Switzerland (Application No 41615/07), Grand Chamber

INCADAT legal file Hague parental abduction

The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth, the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]

Barzilay v. Barzilay, 600 F.3d 912 (8th Cir. 2010)

INCADAT legal file Hague parental abduction

The application related to three children born to married, Israeli parents. The eldest child was born in Israel in 1996, the two younger children in the United States of America in 2002 and 2004 following the parents move there in 2001.The parents divorced in the United States in January 2005. A written parenting plan provided […]

Neulinger and Shuruk v. Switzerland (Application No 41615/07)

INCADAT legal file Hague parental abduction

The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]

FamA 130/08, H v H

INCADAT legal file Hague parental abduction

The English father and Israeli mother married in Israel and their son was born in 2003. The father was finding it difficult to make a living in Israel. He found work in England and so the parties decided to move to England for a trial period of two years. They arrived in England on 27 […]

5A_285/2007/frs, IIe Cour de droit civil, arr?t du TF du 16 ao?t 2007

INCADAT legal file Hague parental abduction

Risque grave – art. 13(1)(b) Le Tribunal indiqua que les exceptions au retour pr?vues ? l’art. 13 de la Convention doivent ?tre interpr?t?es de mani?re restrictive; le parent auteur de l’enl?vement ne devant tirer aucun avantage de son comportement ill?gal. Seuls des risques graves devaient ?tre pris en consid?ration, ? l’exclusion de motifs li?s aux […]

Family Application 000111/07 Ploni vs. Almonit

INCADAT legal file Hague parental abduction

The child was two years old at the time of the alleged wrongful removal. The parents were divorced and had joint custody rights. The child lived with the mother in France. On 25 October 2005 the father removed the child, going first to Italy and then the Ukraine before arriving in Israel on 21 November […]