KKO:2008:98
The proceedings related to children born in March 2005 and July 2007 to married parents. In October 2007 the family moved to Scotland. The purpose of the move was the subject of dispute as between the parents. The family rented a flat in St Andrews, and availed of health care and social services there. On […]
AHC v. CAC Custody [2011] NZFLR 677
The proceedings concerned three children aged 11, 9 and 7 at the time of the proceedings. They had been born and brought up in Northern Ireland by their Northern Irish father and New Zealand mother. After the parents encountered financial difficulties, they agreed that the mother would return to New Zealand to re-qualify to practice […]
Mercredi v. Chaffe [2011] EWCA Civ. 272
The proceedings related to a child born in England in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time […]
Dore c. Portugal (Requ?te No 775/08)
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 […]
Mercredi v. Chaffe (C-497/10 PPU)
The proceedings related to a child born in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time the father […]
D.T. v. L.B.T. [2010] EWHC 3177 (Fam.)
Habitual Residence – Art. 3 For the Convention to apply the applicant father had to show that the children had acquired a habitual residence in Italy between 15 July 2009 and 4 April 2010. It was the mother’s case that she had been bullied into agreeing to relocate to Rome, and that she was profoundly […]
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 […]
Riigikohus – Tsiviilkolleegium, 28 September 2010, Case No 3-2-1-66-10
The proceedings related to a child born in London in May 2009. The parents had met 10 months previously and had planned to live in Estonia upon the birth of their child. However, prior to the birth the mother was, for medical reasons, not permitted to fly to Estonia from the UK where she had […]
J. McB. v. L.E. (C-400/10 PPU)
Rights of Custody – Art. 3 The Court noted that the concept of ‘rights of custody’ was defined in Article 2(9) of Council Regulation 2201/2003 and so was an autonomous concept, independent of the law of Member States. However, pursuant to Article 2(11), the wrongfulness of a removal or retention was entirely dependent on the […]
Cass Civ 1?re 8 Juillet 2010, N? de pourvoi 09-66406
The two boys were born in 1995 and 1997. Pursuant to the parents’ divorce in 2001, the children’s residence was set with their mother in England. When exercising a right of access and accommodation at the father’s domicile in France, the father did not return the children as scheduled on 3 January 2009, in reliance […]