5A_716/2012, IIe cour civile, arr?t du TF du 3 d?cembre 2012
The case concerned two children removed by their mother from Italy to Switzerland. On 5 July 2012, the father applied for return to the canton Court of Neuch?tel. On 11 August, the mother informed the court that she was in Italy with her children. On 13 August, the President of the Court of protection for […]
Corte di Cassazione, sezione I civile, sentenza 15 Ottobre 2013, n. 5237
Anghel v. Italy (Application No. 5968/09)
The proceedings concerned a child born in Romania in March 2003. Following the birth, the mother occasionally worked in Italy for short periods of time. In 2005, after she had obtained a regular job there, the father agreed for the child to travel to Italy with the mother. A formal notarial deed of 26 April […]
Guzzo v. Cristofano, 719 F.3d 100 (2nd Cir. 2013)
The proceedings concerned a child born in September 2006 to an Italian father and an American mother. The parents had married before the birth, but had maintained their respective residences in Italy and New York. In 2006 and 2007, the parents visited each other on numerous occasions. In December 2007, they agreed that mother and […]
Sofia Povse and Doris Povse v. Austria (Application No 3890/11)
The application related to a child born in December 2006. The parents were not married and lived together in Italy until January 2008. Under Italian law, they shared custody of the child. When the parents separated, the mother took the child from the family home. Although the father obtained an order preventing the mother from […]
Qama v. Albania and Italy (Application No 4604/09)
The proceedings related to a child born to married parents in 1994. The child and his mother moved from Albania, where they had been living, to Italy in 1999. The mother was suffering from a serious disease. The father joined the family in Italy sometime thereafter. In the summer of 2002, the father was expelled […]
Šneersone and Kampanella v. Italy (Application No 14737/09)
The case concerned a child born in Italy in 2002 to a Latvian mother and an Italian father. The parents never married and separated in 2003. The mother contended that the father had played a minimal role in raising the child. On 20 September 2004 the Rome Youth Court granted sole custody of the child […]
MR and LR v. Estonia (Application No 13420/12)
The proceedings related to a child born in Italy in June 2009 to an Estonian mother and an Italian father. Following the birth relations between the parents deteriorated. Mother and child travelled to Estonia on several occasions. On 2 March 2011, the mother again took the child to Estonia, but they did not return as […]
6Ob230/11h, Oberster Gerichtshof
The case concerned two children aged 14 and 9, whose mother had sole custody and who had lived with her in Sicily since 2009. The children went to visit their father in Austria for the Easter holiday. They did not return to Sicily as planned because the elder wished to remain in Austria. The mother […]
D.T. v. L.B.T. [2010] EWHC 3177 (Fam.)
Habitual Residence – Art. 3 For the Convention to apply the applicant father had to show that the children had acquired a habitual residence in Italy between 15 July 2009 and 4 April 2010. It was the mother’s case that she had been bullied into agreeing to relocate to Rome, and that she was profoundly […]
