Neulinger and Shuruk v. Switzerland (Application No 41615/07), Grand Chamber
The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth, the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]
5A_154/2010, II. zivilrechtliche Abteilung, arr?t du TF du 29 avril 2010
The case concerned a boy born in Pennsylvania (United States of America) in April 2007. Relations between the parents were stormy and the mother left the family home with the child. By rulings in late December 2007 and early January 2008, a US court ordered joint parental authority, awarded physical custody of the child to […]
5A_25/2010, II. zivilrechtliche Abteilung, arr?t du TF du 2 f?vrier 2010
The case concerned a girl born in 2007 to an unmarried Italian father and Swiss mother. On 1 November 2008, the family moved to Ireland. In the spring of 2009, the family broke up. In early August, the mother went to Switzerland with the child, and registered among the residents of a commune; she then […]
5A_650/2009, IIe cour civile, arr?t du TF du 11 novembre 2009
Habitual Residence – Art. 3 The Tribunal pointed out that neither the Hague Convention nor the Swiss Federal Act of 2009 on international child abduction and the Hague Conventions on the protection of children and adults defined that notion, which, according to the case-law, was to be defined autonomously. The interpretation under the 1980 Convention […]
5A_427/2009, IIe cour civile, arr?t du TF du 27 juillet 2009
L’affaire concernait une petite fille n?e en Suisse en septembre 2007 de p?re fran?ais et de m?re portugaise. Le p?re ?tait domicili? en France et la m?re en Suisse. Juste avant la naissance de l’enfant, la m?re projeta d’aller s’?tablir en France. Elle r?silia son bail, d?m?nagea ses affaires en France fin novembre 2007 et […]
5A_105/2009, II. zivilrechtliche Abteilung, arr?t du TF du 16 avril 2009
Removal and Retention – Arts 3 and 12 Having observed that the child’s habitual residence was unquestionably in the United States of America, the Federal Tribunal stated that there was no need to determine to what extent the father had ex lege a right protected by the Convention, since the removal’s wrongfulness was due to […]
Neulinger and Shuruk v. Switzerland (Application No 41615/07)
The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]
Carlson v. Switzerland, Requ?te no 49492/06
Aims of the Convention – Preamble, Arts 1 and 2 The father did not seek to challenge the legal basis for the non-return order but the manner in which his return petition had been dealt with, particularly errors and delays he alleged to have suffered at the hands of the district court in Baden. The […]
Procedure for Return of Child, Case No. 1313/2007, instituted by A.C. B.I. against P.R.I.P
Aims of the Convention – Preamble, Arts 1 and 2 The purpose of the Convention is to guarantee the immediate return of wrongfully removed and retained children. Grave Risk – Art. 13(1)(b) The court understood that the opposition to the return and the mere allegation of the existence of an imminent physical or psychological danger […]
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 […]
