Jasna Deti?ek v. Maurizio Sgueglia (C-403/09 PPU)
The proceedings related to a child born in September 1997 to a Slovenian mother and an Italian father, who were long-term residents in Italy. In divorce proceedings in Italy, on 25 July 2007, the father was granted provisional custody, but the child was ordered to be placed in care. On the same day, the mother […]
Karlsruhe Higher Regional Court, 2 UF 172/09, 8 January 2010
The Applicant father and Respondent mother were married and lived together in England with their three children ? two daughters, born on 1 March 2001 and 27 July 2005, and a son, born on 11 November 2003. The parents had joint custody of the children. In February 2009, without the prior knowledge of the father, […]
Cass Civ 1?re, 20 janvier 2010, N? de pourvoi 08-19267
The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. In September 2007, the mother left her husband and Italy with the children. On 2 May 2008, a Family Court judge ordered the return of the children to Italy and “recalled” […]
Matzke v. Matzke, 85 R.F.L. (6th) 208
Grave Risk – Art. 13(1)(b) Frequently moving home from one state to another and the possibility that the father might move again from his present home in Nebraska was not sufficient to amount to a grave risk of physical or psychological harm to the children. The moves had been with the acquiescence of the mother, […]
5A_650/2009, IIe cour civile, arr?t du TF du 11 novembre 2009
Habitual Residence – Art. 3 The Tribunal pointed out that neither the Hague Convention nor the Swiss Federal Act of 2009 on international child abduction and the Hague Conventions on the protection of children and adults defined that notion, which, according to the case-law, was to be defined autonomously. The interpretation under the 1980 Convention […]
J.M. c. C.C., Droit de la Famille 093056, Cour sup?rieure de Hull, 7 d?cembre 2009, 2009 QCCS 5812
The case concerned two children aged 14 and 15. The parents had separated after 15 years of marriage in 2005. The separation was contentious. According to the French divorce judgment delivered in 2008, the children’s habitual residence would be with their mother while the father would have a right of access, parental authority being shared. […]
[J.P.B.L.L.S] v [Uni?o, D.G.G.], Apela??o C?vel 2008.51.01.018422-0
The child travelled from the United States to Brazil for holidays accompanied by the mother, a Brazilian national. The child was not returned to the United States after the agreed period of holidays in Brazil, which ended on June 2004. The Central Authority of the United States contacted the Central Authority of Brazil on 23 […]
Stochlak c. Pologne (Requ?te No 38273/02)
The case concerned a child born in 1993 in Canada, where her parents resided. In 1996, the family went to Poland on holiday. During that stay, the mother, who had Polish roots, informed the father that she had decided to live in Poland with the child permanently. On 18 December 1996, the Family Court of […]
1Ob163/09s, Oberster Gerichtshof
The daughter was born in Austria in 2000. 3 months later, after the parent’s wedding, the family returned to settle in Spain. The father started isolating the mother and set up a sectarian movement, considering himself to be a messenger of God. He started to beat the mother, always in the presence of the child, […]
1Ob176/09b, Oberster Gerichtshof
The case concerned twins of a Franco-Austrian mother and French father who were not married. The family had lived in France until December 2008. The father was violent towards the mother but it had not been demonstrated that he had been violent towards the children, or that he had sexually abused them. The mother took […]