Decision of the Federal Supreme Court 5A_440/2019 of 2 July 2019
Rights of Custody – Art. 3 The question whether the mother actually exercised custody at the time of the removal of the children concerns Article 3(1)(b) and thus the illegality of the violation of custody. Article 3(1)(b) has to be read in the light of the Convention’s concern to establish the status quo ante; children […]
X v Y
The mother and father met in 2016 in Spain. At that time the father was renting an apartment in Spain and had de-registered from the Municipal Personal Records Database in the Netherlands in 2014. The father lead an international (business) life. For a while, the mother took care of the father’s two daughters from his […]
CASE OF O.C.I. AND OTHERS v. ROMANIA (Application no. 49450/17)
The mother, a Romanian national, and father, an Italian national, were married and lived together in Italy. They had two children born in 2008 and 2010. On 12 June 2015 the family went to Romania for their summer holiday. The father returned to Italy a few days later, expecting to collect the mother and children […]
VLADIMIR USHAKOV v. RUSSIA (Application no. 15122/17)
Hague return case from Ukraine to the United Kingdom No 2-4237/12
The application related to a boy aged 6 months, born in the UK to a British father and a Ukrainian mother. The child lived in England with his parents until April 2012 and the parents had joint custody under British law. In April 2012 the parents travelled to Ukraine with the child to visit the […]
Decision of the Federal Supreme Court 5A_846/2018 of 6 November 2018
Par requ?te, d?pos?e le 19 septembre 2018 devant la Chambre civile de la Cour de justice de la R?publique et canton de Gen?ve, le requ?rant a conclu, par r?f?rence ? la Convention de La Haye du 25 octobre 1980 sur les aspects civils de l’enl?vement international d’enfants, au retour imm?diat en France ses enfants. Les […]
X. (the mother) against Y. (the father)
Grave Risk – Art. 13(1)(b) The mother claimed that during her relationship with the father she was regularly exposed to domestic violence in presence of the child. If the child were to return to Australia this would place her in an intolerable situation as referred to in Article 13(1)(b) of the Convention. The father explicitly […]
Decision of the Federal Supreme Court 5A_1021/2017 of 8 march 2018
R?sidence habituelle – art. 3 Le principe du recours exclusif au rattachement ? la r?sidence habituelle de l’enfant, consacr? notamment dans la CLaH80, s’oppose ? ce qu’un enfant jouisse, d’un point de vue juridique au moins, de plusieurs r?sidences habituelles. En revanche, un enfant peut avoir « deux r?sidences habituelles alternatives et successives », en […]
2017 (Ju) No. 2015 Case of a request for Habeas Corpus relief
The parents are both Japanese nationals. After their marriage, they first resided in Japan. The first son was born there in 1996 and the daughter in 1998. After the entire family moved to the United States, the second son was born there in 2004. He is a national of Japan and the United States. In […]
2017 (Kyo) No. 9 Case on Appeal with Permission against Modification of Final Order
The parents are an American father and a Japanese mother who were married and living in the United States. In July 2014, the mother removed their four children to Japan when the elder twins were 11 years and 7 months old and the younger twins 6 years and 5 months old. In breach of her […]