CA Bourges, 6 ao?t 2009, No de r?le 09/01061
9Ob59/09f, Oberster Gerichtshof
The child was born in 2004 in the United States of America. Her parents were opera singers and had joint custody. The child lived in California for three years and then in Pennsylvania for some time at her grandparents’ home, always with her parents. On 14 September 2007 the family left for Austria, where it […]
Foster v. Foster, 654 F.Supp.2d 348 (W. D. Pennsylvania, 2009)
The application related to the adopted son of the Petitioner and Respondent. The adopters had married in Florida in 1988 and had lived in Canada since 1998. The child was born on 28 October 2000 in Canada to a mutual friend of the parents who had asked if they would adopt him. The mother alleged […]
6Ob181/09z, Oberster Gerichtshof
L’affaire concernait un enfant n? en 1993 et qui vivait en Espagne. A une date non pr?cis?e, le p?re avait emmen? l’enfant en Autriche. Le p?re et l’enfant saisirent la justice autrichienne d’une demande tendant ? ce que la garde soit retir?e ? la m?re et accord?e au p?re. La m?re forma un recours devant […]
Achakzad v. Zemaryalai, 2009 CarswellOnt 5615
The child, a boy, was 4 years old at the time of his alleged wrongful removal from California to Ontario by the mother. On 10 November 2008, the mother was allegedly assaulted by the father. On 15 November 2008 she left the United States and brought the child to Canada. Criminal charges were laid against […]
2Ob103/09z, Oberster Gerichtshof
Risque grave – art. 13(1)(b) Le p?re contestait une grande partie des constatations de la cour d’appel et en particulier niait l’id?e qu’une mise en danger du bien ?tre de l’enfant r?sulterait d’un retour ? Santorin et d’une s?paration de sa m?re. La Cour supr?me observa que la cour d’appel avait ?galement consid?r? qu’un retour […]
5A_427/2009, IIe cour civile, arr?t du TF du 27 juillet 2009
L’affaire concernait une petite fille n?e en Suisse en septembre 2007 de p?re fran?ais et de m?re portugaise. Le p?re ?tait domicili? en France et la m?re en Suisse. Juste avant la naissance de l’enfant, la m?re projeta d’aller s’?tablir en France. Elle r?silia son bail, d?m?nagea ses affaires en France fin novembre 2007 et […]
Djemba v. Ekwe, [2009] O.J. 2133
Habitual Residence – Art. 3 There was strong evidence the children were habitually resident in Austria immediately before their mother brought them to Canada. They had been living in Vienna with their father for eight months. Their mother also lived there during the majority of that period and the children spent roughly equal time with […]
Cass Civ 1?re 17 Juin 2009, N? de pourvoi 07-16427
The application concerned a child born in New York in 2001. The family had lived in the United States until the father took the child with him to France in February 2006 for the child to undergo surgery. It was planned for them to return to the United States before 30 March 2006. As the […]
Oncu v. Oncu, 2009 BCSC 829
Habitual Residence – Art. 3 The Court noted that the child had been in Turkey for an appreciable period of time when taken to Canada by the father. When she had travelled to Turkey, her mother clearly had a settled intention to reside in that country. As regards the father, the Court found that notwithstanding […]