Monasky v Taglieri
Re P (Abduction: Child’s Objections) [2020] EWCA Civ 260
The mother and father are German nationals. They married in 2005 and had three children. The parents separated in 2012 and the children lived with the mother and had regular contact with the father. German social services became involved in 2014. Contact with the father stopped in 2015 and in 2016 he applied to the […]
BMC v BGC [2020] HKEC 372
Habitual Residence – Art. 3 Though a child can acquire ?habitual residence” within a very short time, it is really the quality of the child’s residence which is relevant. In the present case, there was no sufficient evidence that there was sufficient degree of integration by either the mother or the child in a social […]
Farsi v. Da Rocha, 2020 ONCA 92
The parents met in 2017 in Canada. The mother is a French citizen and the father a Portuguese citizen and permanent resident of Canada. They had a child in 2018, born in Toronto, where they lived together as a family until October 2018, when the child was six months old. At that time, her mother […]
K. K. J C/ P. C. .S S/ RESTITUCI?N INTERNACIONAL
Removal and Retention – Arts 3 and 12 The Supreme Court of Mendoza held that for wrongful removal or retention to exist, two elements must be present, a legal and a factual one. The first one requires that the removal or retention of the child be in violation of the sole or shared custody rights […]
Abou-Haidar v Sanin Vazquez USCA Case #19-7110
AG Karlsruhe 2 F 1701 19
Removal and Retention – Arts 3 and 12 The court was of the view that the mother was not authorized to move with the children to Germany without the father’s prior consent. The court’s emergency decision was not associated with permission to move with the children to Germany; furthermore, the decision was only provisional. The […]
Souza v. Krahn; Krahn v. Alves-Souza, 2019 MBQB 174
The father is a Brazilian citizen, but has lived in Massachusetts, United States, since 1999. The mother is a Canadian citizen and lives in Manitoba, Canada. She has four children from a previous marriage. The couple began a relationship online and met in-person for the first time in July 2014 when the mother travelled to […]
Ludwig v. Ludwig, 2019 ONCA 680
The father, a German citizen, and the mother, a Canadian citizen, married in 2001 and had four children (born in 2003, 2005, 2006 and 2009). They lived almost exclusively in Germany from their marriage until August 3, 2017, when they moved with their children to Ontario, Canada. The father entered Canada as a visitor and […]
05-J2(230)-2012-3
The parents got married in 2005 in California, United States of America. The couple had two children: a boy in 2008, and a girl in 2010. In 2005, the mother was diagnosed with a malignant brain tumor and had difficulties regarding the care of her children. In April 2010, the parents decided to grant an […]