Thompson v. Thompson
The parents are a British father and a Russian mother who were married and who lived and worked in Spain since 2009. The child lived with her parents in Spain from birth (in July 2013) until her mother removed her to Russia in April 2016, without the father’s knowledge or consent. The 1980 Hague Child […]
A. C. C. s/ Restituci?n Internacional
The case is about a girl who lived in Spain. Her parents were separated, and on 10 April 2014 they entered into an agreement on the days the child would be with each of them, authorising the father to travel with the child once a year to Ecuador for no longer than a month. On […]
A.L v. J.M., 2015 QCCA 638
XX c/ ZZ s/ reintegro de hijos
Aims of the Convention – Preamble, Arts 1 and 2 The Court referred to the Explanatory Report to the 1980 Hague Child Abduction Convention by Professor Perez-Vera and remarked that the Convention, as well as the Uruguayan law that regulates these proceedings, stands on the principle of the best interest of the child. Grave Risk […]
Re LC (Children) (International Abduction: Child’s Objections to Return) [2014] UKSC 1, [2014] 2 W.L.R. 124
The proceedings concerned four children born in England to an English father and a Spanish mother. The children lived with their parents, who were unmarried, in England until July 2012, when the parents’ relationship broke down. As a matter of English law, the father had parental responsibility in respect of the two younger children only. […]
CA Paris, 11 d?cembre 2012, No de RG 12/13919
The case concerned a child born in 2007 in Spain to married parents. The child had lived in Spain with its Moroccan mother and Italian father since birth and until 2010. In February 2010, the mother took the child to Morocco to introduce it to her family, then, in August 2010, she moved to France […]
A. J. P. F. s/ Restituci?n Internacional
The child was born on 7 April 2007 in Talavera de la Reina, Toledo, Spain to married parents. In mid-February 2009, the father authorised the child to leave Spain (where the family lived) and travel for a month with the mother to Paraguay to meet her family. The mother and the child travelled to Paraguay […]
1Ob254/11a, Oberster Gerichtshof
The case concerned two children born in 2001 and 2003, living in Spain with their father since their parents’ divorce. After a period of exercise of the right of access in Austria, the mother failed to return the children to Spain. A few days before the end of the visit, the mother had applied to […]
A, Petitioner [2011] CSOH 215
The application concerned two children, a boy aged eleven and a girl aged five, born to a Scottish mother and a Spanish father. The elder child was born in the United States of America, the younger child in Scotland. The family were habitually resident in Spain and lived together in an apartment. The parents were […]
Aguirre Zarraga v. Pelz (C?491/10 PPU)
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003) The CJEU noted that Regulation No 2201/2003 had set up a system whereby, in the event that there is a difference of opinion between the court where the child is habitually resident and the court where the child is wrongfully present, the former […]
