Supreme Court, Civil Chamber II, E. 2011/8304 K.2011/8799
The case concerned an application for the return of a child born in 2009, who was habitually resident in Finland. The child was removed from Finland to Turkey on 23 April 2010 by the mother. The father applied for the return of the child. The first instance Family Court decided that the child had been […]
5F_8/2010, IIe Cour de droit civil, arr?t du TF du 26 mai 2011
The case concerned a boy born in Israel in June 2003. The father having associated with a religious movement (Loubavitch), marital difficulties arose in the autumn of that year, then the parents separated. On 20 June 2004, a family court in the region of Tel Aviv barred the child from leaving the territory. The following […]
Helsinki Court of Appeal, 22 March 2011, Decision No 879
Habitual Residence – Art. 3 The mother argued that the child’s residence had at all times been in Finland and that the time spent in Canada had been temporary. It was her case that before the child’s birth she and the father had agreed to move to Finland. The father submitted that there had never […]
AHC v. CAC Custody [2011] NZFLR 677
The proceedings concerned three children aged 11, 9 and 7 at the time of the proceedings. They had been born and brought up in Northern Ireland by their Northern Irish father and New Zealand mother. After the parents encountered financial difficulties, they agreed that the mother would return to New Zealand to re-qualify to practice […]
Affaire K???k c. Turquie et Suisse (Requ?te No 33362/04)
The case concerned a child born in Turkey in 1997. After his parents’ divorce in 2001, the child was placed in his father’s sole custody, with the mother having rights of access. In July 2002, the mother and her brother left for a month’s holiday with the child. She failed to return the child to […]
CA Paris, 17 f?vrier 2011, No de RG 11/00507
The case concerned a child born in 2009. After her marriage to the father, the mother lived in France with the child, cohabiting with the father in Germany during monthly stays from October to December 2009. She was committed to a psychiatric institution in December in Germany and then returned to France alone, the child […]
Kubera v. Kubera, 2010 BCCA 118
The proceedings related to a child born in January 2000. The child lived with her parents in Poland until August 2003, whereupon the mother took her to Canada for a 3 month vacation. The stay was extended several times and the mother commenced a relationship in Canada. In December 2004 the mother advised the father […]
Mercredi v. Chaffe [2011] EWCA Civ. 272
The proceedings related to a child born in England in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time […]
Re A. and D. (Children) [2011] EWCA Civ 265
Habitual Residence – Art. 3 The mother’s primary argument was that the President had failed to consider that the agreement for the children to go to Cameroon was in any event conditional upon their subsequent return in February 2009. The Court of Appeal, however, rejected the criticism of the President’s assessment. Thorpe L.J. noted: “It […]
CA Lyon, 17 janvier 2011, No de RG 09/05813
The return application concerned a girl born in 2004 in Romania to Romanian parents. In November 2005, the parents divorced and custody of the child was awarded to the father. On 3 June 2006, the parents decided, as witnessed by a notary, to set up alternate custody, with each parent having care of the child […]