M., Petitioner 2005 S.L.T. 2 OH

INCADAT legal file Hague parental abduction

Retention wrongful but return refused; the boy was habitually resident in Ireland at the time of the retention, but his objections to a return were sufficiently cogent that the trial […]

C. v. M. (C-376/14 PPU)

INCADAT legal file Hague parental abduction

The proceedings concerned a child born in France on 14 July 2008 to a French father and a British mother. The parents’ marriage broke down shortly after the birth. A […]

Kubera v. Kubera, 2010 BCCA 118

INCADAT legal file Hague parental abduction

The proceedings related to a child born in January 2000. The child lived with her parents in Poland until August 2003, whereupon the mother took her to Canada for a […]

J. McB. v. L.E. (C-400/10 PPU)

INCADAT legal file Hague parental abduction

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 […]