Cour d’appel de Luxembourg, 28 mars 2012, No de r?le 38330

INCADAT legal file Hague parental abduction

L’affaire concernait une enfant n?e le 21 d?cembre 2003 de parents mari?s, vivant conjointement au domicile conjugal au Portugal. Le 3 octobre 2011, la m?re partit au Luxembourg avec l’enfant afin de s’installer chez ses parents, sans pr?venir le p?re. Le 5 novembre 2011, une proc?dure de divorce fut d?pos?e par la m?re au tribunal […]

CA Bordeaux, 28 juin 2011, No de RG 11/01062

INCADAT legal file Hague parental abduction

The case concerned a child born in 2004 to Portuguese parents living together in France since 2003. In August 2008, during the family’s holiday in Portugal, the parents quarreled and separated. The father returned to France alone, and the mother and child remained in Portugal. The father brought action before a Portuguese court which, in […]

Dore c. Portugal (Requ?te No 775/08)

INCADAT legal file Hague parental abduction

The case concerned a child born in London in 1999. After the parents’ separation in 2004, an English Court awarded them shared custody of the child. In February 2006, the mother took the child to Portugal without informing the father. In September, the British Central Authority sent an application for the child’s return. In March […]

Karoussiotis c. Portugal (Requ?te No 23205/08)

INCADAT legal file Hague parental abduction

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 […]

Cass Civ 1?re 9 juillet 2008 (N? de pourvoi 07-15402)

INCADAT legal file Hague parental abduction

The application concerned two children who had their habitual residence in Portugal. On 5 May 2003 the father took the children to France and settled there. On 6 August 2004 the mother called upon the Portuguese Central Authority concerning a request for their return. On 19 October 2004, the Portuguese authorities indicated to their French […]

A. v. A. (Children) (Abduction: acquiescence) [2003] EWHC 3102 (FAM)

INCADAT legal file Hague parental abduction

The children, a boy and a girl, were aged 13 and 9 at the date of the alleged wrongful retention. They had spent their entire lives in Portugal. The parents separated in 1997. The three youngest children remained with the father. In late 2002 the mother moved to England. In March 2003 the mother asked […]

Public Attorney v. J.S., Case No. 778/2001

INCADAT legal file Hague parental abduction

The children, 2 boys, were born on 7 April 1999 and 17 May 2000 in Sydney, Australia. The parents were not married but had been together since 1995. After the younger child was born the family came to Portugal for a couple of months. Shortly after they returned to Australia the parents separated, but, they […]