Dore c. Portugal (Requ?te No 775/08)
The case concerned a child born in London in 1999. After the parents’ separation in 2004, an English Court awarded them shared custody of the child. In February 2006, the mother took the child to Portugal without informing the father. In September, the British Central Authority sent an application for the child’s return. In March […]
Karoussiotis c. Portugal (Requ?te No 23205/08)
The case concerned a child born in Germany in 2001. Shortly after she was born, the father, a Portuguese national, was sentenced to a jail term before being deported in 2004. The parents had separated during the father’s imprisonment, but in January 2005, the mother travelled to Portugal to collect the child, who had visited […]
T.T. c. M.M., Droit de la Famille 103615, Cour sup?rieure de Roberval, 15 d?cembre 2010, 2010 QCCS 6585
Rights of Access – Art. 21 The mother used this provision to enable her to obtain legal aid in Quebec, as that province’s Central Authority is bound to assist a parent applying for enforcement of a judgment relating to custody or rights of access delivered in another jurisdiction in a situation involving two countries bound […]
Mercredi v. Chaffe (C-497/10 PPU)
The proceedings related to a child born 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 the father […]
Aguirre Zarraga v. Pelz (C?491/10 PPU)
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003) The CJEU noted that Regulation No 2201/2003 had set up a system whereby, in the event that there is a difference of opinion between the court where the child is habitually resident and the court where the child is wrongfully present, the former […]
Central Authority v MG 2010 JDR 1535 (GNP)
The proceedings related to a child born on 23 November 2008 to unmarried parents. On 29 May 2009, the child was taken from the United Kingdom, her place of habitual residence, to South Africa, by the mother. The father petitioned for the child’s return. Initially, the mother indicated that she was willing to return with […]
D.T. v. L.B.T. [2010] EWHC 3177 (Fam.)
Habitual Residence – Art. 3 For the Convention to apply the applicant father had to show that the children had acquired a habitual residence in Italy between 15 July 2009 and 4 April 2010. It was the mother’s case that she had been bullied into agreeing to relocate to Rome, and that she was profoundly […]
Harris v. Harris [2010] FamCAFC 221, (2010) FLC 93-454
The application concerned a child born in 2007 in Norway to an Australian mother and a Norwegian father. The parents had married in Australia in November 2006 and moved to Norway in December 2006. Except for holidays in Australia, this is where they lived until the child’s removal in November 2008. The marriage was characterised […]
EL v The Director: The Department of International Relations And Co-Operation 2010 JDR 1479 (ECP)
The application related to a child born in South Africa in August 2005. The parents had married in South Africa in September 2003. Difficulties arose between them shortly thereafter, which the mother attributed to cultural differences (the father was Chinese). In February 2006, the mother discovered that the father was involved in certain criminal activities. […]
Ryan v. Ryan
The application related to two children born on 31 October 2001and 21 June 2005 to a Canadian mother and an American father. The parents had married after the birth of their first child and now lived in Vermont. In June 2010, the mother went to Newfoundland and Labrador with the children for a holiday. The […]