G. M. E. M. c. J. D. D. S. s/ reintegro de hijos
The case concerned two children, born in March 2005 and August 2006, whose parents had gotten married in 2004. On 3 January 2011, the father left Spain, where the family had their habitual residence, and travelled to Peru with the children. On 6 January, the mother travelled to Peru to get the children back to […]
Raban v. Romania (Application No 25437/08)
The proceedings related to two children born in Israel in 2003 and 2004 respectively. They had lived there with their married parents until 27 April 2006, when their Romanian mother took them to her home country for an extended visit. It was the case of the Israeli/Dutch father that the visit was for a fixed […]
Riigikohus – Tsiviilkolleegium, 28 September 2010, Case No 3-2-1-66-10
The proceedings related to a child born in London in May 2009. The parents had met 10 months previously and had planned to live in Estonia upon the birth of their child. However, prior to the birth the mother was, for medical reasons, not permitted to fly to Estonia from the UK where she had […]
J. McB. v. L.E. (C-400/10 PPU)
Rights of Custody – Art. 3 The Court noted that the concept of ‘rights of custody’ was defined in Article 2(9) of Council Regulation 2201/2003 and so was an autonomous concept, independent of the law of Member States. However, pursuant to Article 2(11), the wrongfulness of a removal or retention was entirely dependent on the […]
CA Paris, 14 octobre 2010, No de RG 10/17238
The case concerned a girl born in Israel in 2008 to married parents. She had lived there with her parents until December 2009, when the mother moved to France with the child. On 11 August 2010, the family judge of the Tribunal de Grande Instance of Paris held that the child’s removal was not wrongful […]
Cass Civ 1?re, 20 octobre 2010; No de RG 08-21161
The case concerned two girls born in 1995 and 1997. The family lived in Italy. After the parents’ separation in 2004, an Italian court awarded sole custody to the mother and a right of access on Italian territory to the father. In 2007, the father took the children to France. The children’s return to Italy […]
Achakzad v. Zemaryalai, [2011] W.D.F.L. 2
The application related to a child born in California on 14 July 2004. The parents, who were first cousins, had been born in Afghanistan but had emigrated to North America as children, the father to California, the mother to Toronto. Their marriage in July 2001 had been arranged by their families. The marriage was characterised […]
5A_535/2010, II. zivilrechtliche Abteilung, arr?t du TF du 10 ao?t 2010
The case concerned twins born in October 2007. It was not disputed that the family had lived together in Spain until mid-2008. According to the mother, starting at that time, there was the beginning of a move to Switzerland; according to the father, the family had continued to reside in Spain. On 11 March 2010, […]
Motion for Leave to Appeal (Family Matters) 5690/10
The proceedings concerned a child born in January 2003 to an unmarried father of Chinese origin, resident in the United States of America, and a mother with dual American and Israeli citizenship. In 2005, a Nevada court provided the parents with joint custody, with the mother having physical care of the child. On 1 February […]
MHS v. PIW [2010] NZHC 1462
The proceedings concerned a child born in Australia in August 2006, to an Australian father and a Maori (New Zealand) mother. The parents, who were not married, had a volatile relationship. They separated in the latter part of 2008, agreeing that the child would live with the mother during the week and with the father […]