CA Agen, 1 d?cembre 2011, No de RG 11/01437
The case concerned a child born in Australia in 2005. After the parents separated in 2009, the parties entered in April 2010 into an agreement settling the child’s living conditions and the periods when he would travel to France with his mother alone or with both parents. It was also specified that the mother would […]
M v M [2011] NICA 36
El caso trata de tres hermanos nacidos en Irlanda del Norte, uno en 2001 y dos en 2003 (mellizos). Los padres hab?an contra?do matrimonio en 2000. La madre ten?a tres hijos de un matrimonio anterior. Tras una visita en 2006, los padres, los tres ni?os y dos de los hermanastros emigraron a Australia en agosto […]
CA Lyon, 19 septembre 2011, No de RG 11/02919
The application concerned two children born in Germany in 1996 and 1999. After the parents’ separation, the children’s habitual residence had been set by a court at the father’s domicile in Germany. In August 2010, the mother refused to allow the children to return to Germany after exercising her right of access, and unilaterally set […]
KKO:2008:98
The proceedings related to children born in March 2005 and July 2007 to married parents. In October 2007 the family moved to Scotland. The purpose of the move was the subject of dispute as between the parents. The family rented a flat in St Andrews, and availed of health care and social services there. On […]
6Ob230/11h, Oberster Gerichtshof
The case concerned two children aged 14 and 9, whose mother had sole custody and who had lived with her in Sicily since 2009. The children went to visit their father in Austria for the Easter holiday. They did not return to Sicily as planned because the elder wished to remain in Austria. The mother […]
L.L. c. C.G., Droit de la famille 112106, Cour sup?rieure de Qu?bec 11 juillet 2011, 2011 QCCS 3612
Habitual Residence – Art. 3 The Court observed that the concept of habitual residence is defined neither by the Convention nor by the Act implementing it in Canadian law, and that the Civil Code of Quebec provides no further particulars. The Court referred to the comments of Judge Chamberland according to whom: “a child’s “habitual […]
CA Bordeaux, 28 juin 2011, No de RG 11/01062
The case concerned a child born in 2004 to Portuguese parents living together in France since 2003. In August 2008, during the family’s holiday in Portugal, the parents quarreled and separated. The father returned to France alone, and the mother and child remained in Portugal. The father brought action before a Portuguese court which, in […]
CA Rennes, 28 juin 2011, No de RG 11/02685
Rights of Custody – Art. 3 It was not disputed that, under Mexican family law, the parents exercised over their children parental authority which can be forfeited, in the situations listed by law, pursuant to a court ruling. According to the mother, the father had forfeited parental authority but she did not provide evidence of […]
A.M.R.I. v. K.E.R., 2011 ONCA 417
Acquiescence – Art. 13(1)(a) The Court noted that whilst delay was not generally sufficient to establish acquiescence, the exception still merited consideration. Grave Risk – Art. 13(1)(b) In the main part of its ruling the Court held that the child’s refugee status gave rise to a rebuttable presumption that her return to Mexico would expose […]
TV c. MB, Droit de la famille 111646, 2011 QCCS 2929
L’affaire concernait deux filles de 5 et 10 ans. La famille avait principalement v?cu aux Etats-Unis pendant leur vie commune, malgr? des s?jours annuels de tous les membres, s?par?ment ou en famille, au Qu?bec. La m?re et les filles avaient ?galement v?cu au Qu?bec pendant une certaine p?riode, jusqu’en 2008. Les parents se s?par?rent en […]