RE A. (Removal Outside Jurisdiction: Habitual Residence) [2010] EWHC 1113 (Fam); [2010] Fam. Law 1257
The application related to children born in England in late 2007 to married Cameroonian parents. The family lived with the paternal grandmother. It was the mother’s case that she had been abused by both the father and the grandmother. In November 2008 the children went to Cameroon with the paternal grandmother. The mother submitted that […]
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 […]
Karlsruhe Higher Regional Court, 2 UF 172/09, 8 January 2010
The Applicant father and Respondent mother were married and lived together in England with their three children ? two daughters, born on 1 March 2001 and 27 July 2005, and a son, born on 11 November 2003. The parents had joint custody of the children. In February 2009, without the prior knowledge of the father, […]
CA Bourges, 6 ao?t 2009, No de r?le 09/01061
CA Poitiers, 16 avril 2009, No de RG 09/00356
The children, two boys, were born in 1995 and 1997. Following the parent’s divorce in 2001, the residence of the children was set with their mother in England. After a visit with their father at his home in France in the context of his access rights, the father failed to bring the children back on […]
Re F. (A Child) [2009] EWCA Civ 416
The child, a boy, was aged eight at the date of the alleged wrongful removal. He was born in Poland to Polish parents and had always lived in Poland. The parents divorced in 2006 and thereafter proceedings were commenced in Poland in respect of the child, resulting in an order dated July 2007, granting the […]
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 […]
E.M. (Lebanon) v. Secretary of State for the Home Department [2008] UKHL 64, [2008] 3 W.L.R. 931
The proceedings, which were in the context of immigration and asylum law rather than child abduction law, related to a Lebanese mother and child, the latter born in July 1996. They had travelled to the United Kingdom in December 2004 ostensibly to escape the consequences of the Lebanese family justice system. Once in the United […]
FamA 130/08, H v H
The English father and Israeli mother married in Israel and their son was born in 2003. The father was finding it difficult to make a living in Israel. He found work in England and so the parties decided to move to England for a trial period of two years. They arrived in England on 27 […]
Helsinki Court of Appeal, 1 October 2008, Decision No 2764
Habitual Residence – Art. 3 The parents presented contrasting cases as to the nature of the move to Scotland. For the mother it was a two week holiday which had been extended. She sought to support her case by arguing that there had been no change of address filed with the Finnish population register, no […]