Re D. (A Child) (Abduction: Rights of Custody) [2006] UKHL 51
The application related to a boy born in Romania in July 1998. The parents were divorced and the mother was granted the primary role of care for the child. In the autumn of 2002 the mother moved to the United Kingdom, got married and commenced a degree course. The child remained in Romania and was […]
Cass Civ 1?re, 14 novembre 2006, No de RG 05-15692
Habitual Residence – Art. 3 The Cour de cassation noted that the Cour d’appel had been able to deduce from the evidence of several witnesses that the children were habitually resident in England. The residence of the mother and children there was not provisional in nature; the mother was in paid employment and the children […]
Re H. (A Child: Child Abduction) [2006] EWCA Civ 1247
The application related to a girl, aged 15. The parents were divorced and since 2002 the girl had lived in South Africa with her mother. She spent alternative vacations with her father, who since 2000 had resided in England. During Easter 2006 the girl travelled to England but she refused to return at the end […]
Vigreux v. Michel [2006] EWCA Civ 630
The child, a boy, was removed from France to England on 14 August 2005, the day of his 14th birthday. The parents, who were not married, were separated. In January 2002 a French court had made an order for joint parental responsibility with the mother having residence, the father contact. The father appealed this order, […]
Re D. (Article 13B: Non-return) [2006] EWCA Civ 146
Grave Risk – Art. 13(1)(b) Central to the finding of the High Court was the fact that in June 2005 the mother was the vicitim of a pre-meditated and targeted shooting while the father had also been the victim of attacks. The judge therefore concluded that the children were in danger of physical injury if […]
Family Advocate, Cape Town v. Chirume
The application related to a child born in London in 2002 to Zimbabwean parents. The parents had married in September 2001. The following month the father moved to the United Kingdom to take up employment. The mother moved there in January 2002, though subsequently returned to Zimbabwe for a short period to complete exams. Following […]
Director-General, Department of Child Safety v. Stratford [2005] Fam CA 1115, (2005) FLC 93-249
The application related to a baby girl who was 9 months old at the date of the alleged wrongful removal. She was born and lived in England, but had also spent 4 months in Australia. The parents were not married and separated a few months after the birth. On 6 September 2004 the mother unilaterally […]
Ruling Nº393-05-F
The application related to a mother’s request for access. The child in question lived in the United Kingdom with the father. The mother and another sibling lived in Panama. On 4 November 2004 the High Court in London made a contact order in favour of the mother. To ensure that the terms of the order […]
Hunter v. Murrow [2005] EWCA Civ 976
The child, a boy, was almost 4 at the date of the alleged wrongful removal. He had spent his entire life in New Zealand. His parents were not married and had ended their relationship 8 months prior to the birth. Following the birth the father had regular contact with his son. In late September 2004 […]
Re J. (A child) (Return to foreign jurisdiction: convention rights), [2005] UKHL 40, [2006] 1 AC 80
The proceedings related to a young boy born in April 2000. His father was Saudi Arabian and his mother had joint British and Saudi Arabian nationality. The family home was in Saudi Arabia. The parents separated and divorced in 2001 but resumed cohabitation that same year and remarried in early 2002. In July 2002 the […]