
Cass Civ 1?re 17 Juin 2009, N? de pourvoi 07-16427
The application concerned a child born in New York in 2001. The family had lived in the United States until the father took the child

The application concerned a child born in New York in 2001. The family had lived in the United States until the father took the child

Habitual Residence – Art. 3 The Court noted that the child had been in Turkey for an appreciable period of time when taken to Canada

The child, a boy, was 7 years of age at the time of alleged wrongful removal. He had been born in Japan to his Japanese

The application concerned a child born in New York in 2001. The family had lived in the United States of America until the father took

Habitual Residence – Art. 3 The Court pointed out that in accordance with the Belgian code of private international law, the Court seised is required

Habitual Residence – Art. 3 The habitual residence did not depend on the intention to stay permanently at one place but rather on the issue

The parents married in Greece where they subsequently had two children. The family lived in Greece. The parents subsequently experienced problems in their relationship and

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

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

The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father