Re R (A Child) [2014] EWHC 2802 (Fam)
The proceedings related to a Japanese child aged 7 who was born to Japanese parents. The parents married in September 2005 and separated in April 2013, whereupon they reached an agreement through mediation with the Family Court in Tokyo. This was entered onto the court record and provided that the mother would have primary care, […]
Dar?n v. Olivero-Huffman, 746 F.3d 1 (1st Cir. 2014)
The proceedings related to a child born in Argentina in April 2008 to an Argentine father and an American mother from Puerto Rico. The child moved regularly between Argentina and the United States of America. The parents’ relationship was characterized by periods of separation and reconciliation. There was one incident in 2010 where the mother […]
Tribunal d’arrondissement de Luxembourg, 28 mars 2014, R?f?r? No 210/2014
L’affaire concernait une enfant n?e en Su?de de parents mari?s. Le 31 aout 2012, le divorce des parents fut prononc? par un tribunal su?dois. Les parents continu?rent ? exercer conjointement l’autorit? parentale, l’enfant habitant alternativement chez chacun des parents. Le p?re retourna vivre au Luxembourg et y habita avec sa nouvelle ?pouse ? partir du […]
Re KP (A Child) [2014] EWCA 554
The proceedings concerned a Maltese child born in September 2000. With the exception of two periods of separation, the parents, both Maltese, cohabited from 1999 until April 2013. On 12 June 2013, the mother brought the child to England, without the knowledge or consent of the father. Mother and child moved in with the maternal […]
Tribunal d’arrondissement de Luxembourg, 10 mars 2014, R?f?r? No 165/2014
L’affaire concernait un enfant n? en 2003 au Portugal, de parents mari?s. Les parents d?m?nag?rent aux Pays-Bas en d?cembre 2006. En juillet 2007, la m?re retourna vivre au Portugal avec l’enfant. Elle y demanda le divorce. Le 15 novembre 2007, le divorce par consentement mutuel des parents fut prononc? au Portugal. La garde de l’enfant […]
Schleswig Holsteinisches Oberlandesgericht, 12 UF 169/13, 08 January 2014
Rights of Custody – Art. 3 The parents have joint custody of their daughter. There is no evidence of the (implied) consent of the father to the daughter being taken to Germany permanently. For a child to be deemed to have been taken abroad illegally, there is no requirement that this must have been done […]
Karlsruhe Higher Regional Court, 2 UF 266/14, 16 December 2014
Rights of Custody – Art. 3 As provided for by Hungarian law, the parents had joint custody of their son. His place of habitual residence was in Hungary, where he had lived since birth. The father had been exercising his rights of custody. The court emphasised that no unnecessarily high demands could be made of […]
Re LC (Children) (International Abduction: Child’s Objections to Return) [2014] UKSC 1, [2014] 2 W.L.R. 124
The proceedings concerned four children born in England to an English father and a Spanish mother. The children lived with their parents, who were unmarried, in England until July 2012, when the parents’ relationship broke down. As a matter of English law, the father had parental responsibility in respect of the two younger children only. […]
Lozano v. Montoya Alvarez, 134 S.Ct. 1224 (2014)
The proceedings concerned a child born in October 2005 to Colombian parents who had met and lived together in London. The parents never married. At trial, the District Court found that the father had mistreated the mother in some way and that the child had been exposed to, and negatively affected by, the problems in […]
Tribunal d’arrondissement de Luxembourg, 20 d?cembre 2013, R?f?r? No 785/2013
L’affaire concernait un enfant n? au Portugal de parents cohabitant en union libre. Le couple se s?para en 2005 alors que la m?re ?tait enceinte de leur second enfant. La m?re v?cut ensuite au Portugal avec les deux enfants et son nouveau compagnon. L’ain? visitait r?guli?rement ses grands-parents paternels et son p?re, mais le p?re […]