G. M. E. M. c. J. D. D. S. s/ reintegro de hijos
The case concerned two children, born in March 2005 and August 2006, whose parents had gotten married in 2004. On 3 January 2011, the father left Spain, where the family had their habitual residence, and travelled to Peru with the children. On 6 January, the mother travelled to Peru to get the children back to […]
5A_535/2010, II. zivilrechtliche Abteilung, arr?t du TF du 10 ao?t 2010
The case concerned twins born in October 2007. It was not disputed that the family had lived together in Spain until mid-2008. According to the mother, starting at that time, there was the beginning of a move to Switzerland; according to the father, the family had continued to reside in Spain. On 11 March 2010, […]
2Ob90/10i, Oberster Gerichtshof
The case concerned a child born in 2007 as a result of a relationship between a Spanish man and a Serbian woman. The family lived in Spain. On 1 July 2008, the mother took the child to Austria, then to Serbia and again to Austria. She had previously demanded the father to consent in writing […]
5A_441/2010, IIe cour de droit civil, arr?t du TF du 7 juillet 2010
Droit de garde – art. 3 Le Tribunal f?d?ral, citant les articles 3 & 5 de la Convention de la Haye de 1980, indiqua que pour conna?tre l’attributaire du droit de garde, il convenait de se r?f?rer uniquement ? l’ordre juridique de l’??tat de la r?sidence habituelle de l’enfant au moment du d?placement. Il indiqua […]
State Central Authority & Quang [2010] FamCA 231
The application related to two children, one born in Spain in August 2005, the other in Australia in January 2007. The parents had lived together in Spain from May 2004 until late October 2006. In December 2006 the parents signed an agreement on parenting and financial matters which was formally approved in March 2007. Under […]
1Ob163/09s, Oberster Gerichtshof
The daughter was born in Austria in 2000. 3 months later, after the parent’s wedding, the family returned to settle in Spain. The father started isolating the mother and set up a sectarian movement, considering himself to be a messenger of God. He started to beat the mother, always in the presence of the child, […]
6Ob181/09z, Oberster Gerichtshof
L’affaire concernait un enfant n? en 1993 et qui vivait en Espagne. A une date non pr?cis?e, le p?re avait emmen? l’enfant en Autriche. Le p?re et l’enfant saisirent la justice autrichienne d’une demande tendant ? ce que la garde soit retir?e ? la m?re et accord?e au p?re. La m?re forma un recours devant […]
B. v. Secretary for Justice [2008] NZFLR 723
Procedural Matters The judge noted that where a litigant sought to revisit a finding on the basis of new evidence this had to be done by way of appeal. In the present case this was not the mother’s object, she wished to challenge the implementation of the order on the ground that an 8 month […]
Re F. (Abduction: Joinder of Child as Party) [2007] EWCA Civ 393
The application related to a 7 year old girl who was raised in Spain. The English mother and Spanish father had had a turbulent relationship which ended in the summer of 2005. At this time mother and child left the matrimonial home but continued to live in the vicinity. The parents subsequently agreed that the […]
Auto Juzgado de Familia Nº 6 de Zaragoza (Espa?a), Expediente Nº 1233/95-B
The boy, an American national, was born in California on 14 July 1993 to an American father and a Spanish mother. Thereafter, the parents separated, the mother alleging that the father had committed acts of domestic violence. In an interim hearing the mother was awarded exclusive custody of the child. On 1 March 1995 the […]
