Central Authority for the Republic of South Africa, E, RC and M, A (11/39798; 2012/1096)
The proceedings concerned a child born in Australia in May 2007 to unmarried parents. The parents had met in 2000 in Kosovo where they were working as United Nations volunteers. Thereafter they led independent, peripatetic lives. After her birth, the child moved with the mother between Turkey, Australia and South Africa. Mother and child lived […]
Central Authority v MG 2010 JDR 1535 (GNP)
The proceedings related to a child born on 23 November 2008 to unmarried parents. On 29 May 2009, the child was taken from the United Kingdom, her place of habitual residence, to South Africa, by the mother. The father petitioned for the child’s return. Initially, the mother indicated that she was willing to return with […]
EL v The Director: The Department of International Relations And Co-Operation 2010 JDR 1479 (ECP)
The application related to a child born in South Africa in August 2005. The parents had married in South Africa in September 2003. Difficulties arose between them shortly thereafter, which the mother attributed to cultural differences (the father was Chinese). In February 2006, the mother discovered that the father was involved in certain criminal activities. […]
Central Authority of the Republic of South Africa and Another v LG 2011 (2) SA 386 (GNP)
Consent – Art. 13(1)(a) The Court found that on the facts the father had consented to the child living in South Africa permanently. The father may have harboured hopes that the mother would return to the United Kingdom despite the parties having agreed on separation and divorce, but this did not detract from the fact […]
Cass Civ 1?re 25 f?vrier 2009, N? de pourvoi 08-18126
The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father visitation rights. The mother’s right of custody was, however, limited insofar as she was obliged to refer to a court if she wished to migrate. The mother took the children […]
Family Advocate, Cape Town and Another v. E.M.
The application related to a child born in 2004 to a British father and a South African mother. The parents had married in South Africa. The child was born in the United Kingdom and lived there with the parents until September 2007, when the mother took her to South Africa for an agreed vacation. After […]
Central Authority v. B 2009 (1) SA 624 (W)
The proceedings concerned a child born in October 2004 in the United States of America to a South African mother and an American mother. The parents were married and the family lived in Illinois, United States of America, until the mother took the child to South Africa on 13 May 2006. The reasons for the […]
CA Dijon, 15 juillet 2008, No de RG 08/00923
Acquiescement – art. 13(1)(a) La cour estima que la m?re n’avait pas ?tabli que le p?re avait acquiesc? au non-retour. Il avait donn? son autorisation aux enfants de s?journer en France dans la perspective d’un s?jour temporaire. Risque grave – art. 13(1)(b) La Cour d’appel indiqua que ni le pass? d?lictuel lointain du p?re, ni […]
5A.713/2007 Bundesgericht, II. Zivilabteilung, 28/2/2008
L’affaire concernait un gar?on qui ?tait n? et avait v?cu les premiers mois de sa vie en Afrique du Sud. Ses parents n’?taient pas mari?s et s’?taient s?par?s en avril 2006. A partir de juin 2006, les parents entam?rent des proc?dures en vue de r?gler la question de la garde de l’enfant. Le 14 octobre […]
Nyachowe v. Fielder [2007] EWCA Civ 1129
The application related to a 12 year old girl who was born to Zimbabwean parents. The parents never married and never really cohabited. For the first 10 years of her life the girl lived in Zimbabwe in the care of her maternal grandmother. During this time the mother was in the United Kingdom, whilst the […]
