5A_436/2010, II. zivilrechtliche Abteilung, arr?t du TF du 8 juillet 2010
Consent – Art. 13(1)(a) The father asserted the mother’s consent to the children’s settlement in Switzerland. The Federal Tribunal stated that the issue of consent was not, contrary to the father’s claim, an issue of the Convention’s applicability. The Convention was applicable as the father had removed the children, habitually resident in Croatia, to Switzerland […]
2Ob90/10i, Oberster Gerichtshof
The case concerned a child born in 2007 as a result of a relationship between a Spanish man and a Serbian woman. The family lived in Spain. On 1 July 2008, the mother took the child to Austria, then to Serbia and again to Austria. She had previously demanded the father to consent in writing […]
5A_441/2010, IIe cour de droit civil, arr?t du TF du 7 juillet 2010
Droit de garde – art. 3 Le Tribunal f?d?ral, citant les articles 3 & 5 de la Convention de la Haye de 1980, indiqua que pour conna?tre l’attributaire du droit de garde, il convenait de se r?f?rer uniquement ? l’ordre juridique de l’??tat de la r?sidence habituelle de l’enfant au moment du d?placement. Il indiqua […]
Cass Civ 1?re 8 Juillet 2010, N? de pourvoi 09-66406
The two boys were born in 1995 and 1997. Pursuant to the parents’ divorce in 2001, the children’s residence was set with their mother in England. When exercising a right of access and accommodation at the father’s domicile in France, the father did not return the children as scheduled on 3 January 2009, in reliance […]
Re C. (A Child) [2010] EWCA Civ 832
The proceedings related to a child born in December 2009. In the six months prior to the birth, the parents, who had married in June 2008, had been living apart, the father in France, the mother in England. The parents’ relationship was described as fluctuating. The father did make two visits to England and attended […]
Neulinger and Shuruk v. Switzerland (Application No 41615/07), Grand Chamber
The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth, the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]
RE A. (Removal Outside Jurisdiction: Habitual Residence) [2010] EWHC 1113 (Fam); [2010] Fam. Law 1257
The application related to children born in England in late 2007 to married Cameroonian parents. The family lived with the paternal grandmother. It was the mother’s case that she had been abused by both the father and the grandmother. In November 2008 the children went to Cameroon with the paternal grandmother. The mother submitted that […]
E.S. v. A.J. [2010] EWHC 1113 (Fam.)
The application related to twins born in England in 2007 to parents of Cameroonian origin. In November 2008 the twins were sent to live in Cameroon. They were accompanied by the paternal grandmother, whilst the mother had accompanied the party to the airport. The mother’s case was that sending the children abroad had been against […]
FS 12-11269/2010
Habitual Residence – Art. 3 In this case the issue was whether the boy’s habitual residence was in Finland or Denmark. The court ruled that the boy had not changed his habitual residence to Finland. The only indication that the boy had changed habitual residence was on the form for the National Register of Persons […]
The return of a wrongfully retained minor back to the Federal Republic of Germany (Case No. 2. 187-10)
The child was born in 2005 in Germany. Her mother is a citizen of Georgia and her father is a citizen of Germany. The couple married in 2003. According to Section 1626 of the German Civil Code, both parents had joint custody. The family lived together in their flat in Berlin and both parents exercised […]