U.2014.1295? ? TFA.445/1OE / nr. B-3977-13

INCADAT legal file Hague parental abduction

In the time before the wrongful retention in Denmark, the child lived with her mother in Poland, and the father, who lived in Denmark, had visitation rights. During the summer holidays, in July 2013, the child visited her father in Denmark. After the end of the holidays, the father kept the child in Denmark without […]

P.R.A. c. P.G.M.J

INCADAT legal file Hague parental abduction

The proceedings concerned a girl who was born to Dominican parents during their short relationship. When they separated, the girl remained under the mother’s care. The father applied for U.S. residency for himself and his daughter. In March 2012, the parents arrived to an agreement in which the mother authorised the girl to live outside […]

Case no. LF-2013-168054

INCADAT legal file Hague parental abduction

Grave Risk – Art. 13(1)(b) The court began by referring to Norwegian legal theory stating that ?the exception provisions are interpreted very narrowly”. The court also referred to existing case law of the Norwegian Supreme Court establishing that ?return may not be refused on the basis of a general assessment of what would be in […]

5A_716/2012, IIe cour civile, arr?t du TF du 3 d?cembre 2012

INCADAT legal file Hague parental abduction

The case concerned two children removed by their mother from Italy to Switzerland. On 5 July 2012, the father applied for return to the canton Court of Neuch?tel. On 11 August, the mother informed the court that she was in Italy with her children. On 13 August, the President of the Court of protection for […]

Headifen v. Harker, 549 Fed.Appx. 300 (5th Cir. 2013)

INCADAT legal file Hague parental abduction

The proceedings concerned a child who was born in the United States of America in August 2008 and adopted shortly thereafter. The adoptive parents had married in 2005. The father was a New Zealand national, the mother South African. Both were naturalised citizens of the United States. The family moved to New Zealand on 3 […]

West v. Dobrev, 735 F.3d 921 (10th Cir. 2013)

INCADAT legal file Hague parental abduction

The proceedings concerned two children born in the United States of America in January 2004 and January 2006 to married parents. The family relocated to France in June 2008. In May 2009, the mother petitioned for divorce in a local French court. An interim order of October 2009 provided that the children live in the […]

Cour d’appel de Luxembourg, 6 novembre 2013, No de r?le 40390

INCADAT legal file Hague parental abduction

L’affaire concernait deux enfants dont les parents s’?taient mari?s en 2002, et qui vivaient au Portugal. Ils se s?par?rent en 2012. Les parents se s?par?rent en 2012, et le 19 novembre 2012, le Tribunal judiciaire de Soure (Portugal) accorda la garde des enfants et l’exercice des responsabilit?s parentales pour les actes de la vie courante […]

Valenzuela v. Michel, 736 F.3d 1173 (9th Cir. 2013)

INCADAT legal file Hague parental abduction

The proceedings concerned twin girls born to unmarried parents in 2008. At the time of the birth the parents lived together in Mexico. In 2009, the parents agreed that the father would move to the United States of America, and that they would put in place an arrangement to keep the girls in the United […]