B-1158-10

INCADAT legal file Hague parental abduction

The child, a boy, was 6 months old at the time of the alleged wrongful removal. He was born in Norway in June 2008. The family had lived together in Norway until the mother moved back to Denmark, her state of origin, in January 2009. The parents met for the first time 16 years ago. […]

Cour de cassation, 6 mai 2010, No 32/10

INCADAT legal file Hague parental abduction

The case concerned two children. The family lived in Luxembourg since their birth. The mother decided to move to France with the children. The father applied for the children’s custody and their return. His application was dismissed by the Court of Appeal, and he appealed to the Cour de cassation.

Macready c. R?publique tch?que (Requ?tes Nos 4824/06 et 15512/07)

INCADAT legal file Hague parental abduction

The case concerned a child born in the United States of America in December 2002. In early 2004, the father petitioned for divorce. A Court ruled on a provisional basis and awarded joint custody of the child, who was to share his time between his mother and father, and enjoined the mother from leaving the […]

5A_154/2010, II. zivilrechtliche Abteilung, arr?t du TF du 29 avril 2010

INCADAT legal file Hague parental abduction

The case concerned a boy born in Pennsylvania (United States of America) in April 2007. Relations between the parents were stormy and the mother left the family home with the child. By rulings in late December 2007 and early January 2008, a US court ordered joint parental authority, awarded physical custody of the child to […]

Nicolson v. Pappalardo, 605 F.3d 100 (1st Cir. 2010)

INCADAT legal file Hague parental abduction

The proceedings concerned a child born in December 2008 to an American mother and an Australian father. The parents had met in Australia whilst the mother was travelling there. The mother became pregnant and returned to the United States of America. After her return, the father proposed marriage and the couple married in Australia in […]

State Central Authority & Quang [2010] FamCA 231

INCADAT legal file Hague parental abduction

The application related to two children, one born in Spain in August 2005, the other in Australia in January 2007. The parents had lived together in Spain from May 2004 until late October 2006. In December 2006 the parents signed an agreement on parenting and financial matters which was formally approved in March 2007. Under […]

Barzilay v. Barzilay, 600 F.3d 912 (8th Cir. 2010)

INCADAT legal file Hague parental abduction

The application related to three children born to married, Israeli parents. The eldest child was born in Israel in 1996, the two younger children in the United States of America in 2002 and 2004 following the parents move there in 2001.The parents divorced in the United States in January 2005. A written parenting plan provided […]

Cass Civ 1?re 20 janvier 2010, N? de pourvoi 08-18085

INCADAT legal file Hague parental abduction

The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. After a first separation of the parents in 2005, the mother moved to France with the children. The parents reconciled and the mother returned with the children to live in Italy […]

5A_25/2010, II. zivilrechtliche Abteilung, arr?t du TF du 2 f?vrier 2010

INCADAT legal file Hague parental abduction

The case concerned a girl born in 2007 to an unmarried Italian father and Swiss mother. On 1 November 2008, the family moved to Ireland. In the spring of 2009, the family broke up. In early August, the mother went to Switzerland with the child, and registered among the residents of a commune; she then […]