Kufner v. Kufner, 519 F.3d 33 (1st Cir. 2008)
Removal and Retention – Arts 3 and 12 The mother argued that the removal was not wrongful as she had brought the younger son to the US for medical treatment. The Court held that this was irrelevant for purposes of the wrongful removal determination because the analysis turned on whether the removal was consistent with […]
T.M. c. R.P., Droit de la famille – 08693, Cour sup?rieure de Montr?al, 28 mars 2008, N?500-04-047104-089
The application concerned a daughter born in 2001. Shorty after her birth, the parents, from different countries, settled together in Country A. The family lived there until December 2006. On that date, the mother and the child went to Canada with the consent of the father to visit the grandparents.They were expected to return to […]
N? de r?le : 08/1819/A r?f, Tribunal de premi?re instance de Bruxelles 22 f?vrier 2008
Translation in progress – please refer to the French version.
B. v. Secretary for Justice [2008] NZFLR 723
Procedural Matters The judge noted that where a litigant sought to revisit a finding on the basis of new evidence this had to be done by way of appeal. In the present case this was not the mother’s object, she wished to challenge the implementation of the order on the ground that an 8 month […]
Hoole v. Hoole, 2008 BCSC 1248 (10 January 2008)
Procedural Matters On 8 January 2008 the Oregon Circuit Court sought to initiate direct communication with the Supreme Court of British Colombia. This was in accordance with the Oregon rules which provided that upon being informed of a child custody proceeding having been commenced in another court, the relevant Oregon court shall communicate with the […]
CA Lyon, 17 janvier 2008, No de RG 06/05749
The application concerned a child born in France of a French father and Peruvian mother in 2000. The family apparently lived in Peru. In 2006, the father started divorce proceedings in France. On June 7, 2006, a Lyon tribunal found that the parents exercised joint parental authority over the minor child and set his habitual […]
Pielage v. McConnell, 516 F.3d 1282 (11th Cir. 2008)
Habitual Residence – Art. 3 The mother maintained that the child was habitually resident in the Netherlands at all times. This was not disputed by either court, but the 11th Circuit noted that the child had spent 10 of his first 12 months living in Alabama. Removal and Retention – Arts 3 and 12 The […]
JR v SIR [2007] NICA 50 [2008] N.I. 252
The proceedings related to children born in Slovakia in 1996 and 1997. The parents, who had married in 1994, separated in 2002. Thereafter a district court in Slovakia ordered first that the children should reside with the mother, and subsequently that the father should have overnight contact. Difficulties with the exercise of contact led to […]
5A.582/2007 Bundesgericht, II. Zivilabteilung, 04 d?cembre 2007
La demande concernait deux enfants de 14 et 8 ans qui avaient toujours v?cu en France. Les parents avaient divorc? en 2000, la m?re obtenant la r?sidence des enfants (l’autorit? parentale demeurant conjointe). En mai 2006, la m?re partit s’installer en Suisse malgr? l’opposition du p?re. Celui-ci demanda le retour des enfants en mai 2007. […]
Re M. (Children) (Abduction: Rights of Custody) [2007] UKHL 55 [2008] 1 AC 1288
The application related to two girls aged 13 and 10 at the time of the hearing. The parents were married but separated in early 2001 whereupon the mother moved abroad leaving the girls in the care of the father. In December 2004 the mother returned to Zimbabwe whereupon she had periodic contact with the children. […]