Maumousseau and Washington v. France (Application No 39388/05)
The child, a girl, was aged 2 _ at the date of the alleged wrongful retention. The parents were married and lived in the United States. In March 2003 the mother took the child to France for a vacation. On 31 March 2003 the mother informed the father that she did not intend to return. […]
Nyachowe v. Fielder [2007] EWCA Civ 1129
The application related to a 12 year old girl who was born to Zimbabwean parents. The parents never married and never really cohabited. For the first 10 years of her life the girl lived in Zimbabwe in the care of her maternal grandmother. During this time the mother was in the United Kingdom, whilst the […]
Robert v. Tesson, 507 F.3d 981 (6th Cir. 2007)
The application related to twin boys born in 1997 to an American father and an American mother. The family moved between the United States and France, spending periods of time in both countries. There were difficulties in the parents’ marriage and during periods of separation the boys lived both in France with the father and […]
Benditkis v. Benditkis [2007] O.J. No. 4815; 162 A.C.W.S. (3d) 45; 46 R.F.L. (6th) 438
Rights of Custody – Art. 3 The father argued that the removal and retention of the child were not wrongful because the parties had joint custody and there was no non-removal clause in the custody order. The court rejected this argument on the grounds that the parties’ custody order prohibited each parent from making major […]
A.B. v. Poland, Application No. 33878/96
The application related o a child born in Canada in 1988 to Polish parents. The parents had relocated to Canada in 1985. In 1991 they separated and the child, a girl, returned to Poland where she was cared for by the paternal grandparents. Some time thereafter the mother took the child back to Canada. In […]
Re A.; H.A. v. M.B. (Brussels II Revised: Article 11(7) Application) [2007] EWHC 2016 (Fam)
The application related to a 2 year old child who was born in England to a Palestinian father and a French mother. The parents had married in England in 2001 and this afforded the father a right of residence in the country until 2008. After the birth the mother took the child to France for […]
CA Aix-en-Provence, 13 septembre 2007, No de RG 06/08127
La demande concernait une enfant n?e en 2001 d’une m?re fran?aise et d’un p?re italien et qui avait sa r?sidence habituelle au Texas. En juin 2004, une enqu?te des services de protection de l’enfant conclut que le p?re ?tait innocent des faits de n?gligence et d’agression d?nonc?s par la m?re. En juillet 2004, la m?re […]
5A_479/2007 /frs, Bundesgericht, II. Zivilabteilung (Tribunal F?d?ral, 2?me Chambre Civile)
L’enfant en cause ?tait n?e en Floride en mars 2005. Ses parents avaient v?cu ensemble de mai 2005 jusqu’? ce qu’ils d?cident de se s?parer le 1er f?vrier 2006. Le p?re continua malgr? tout de voir sa fille jusqu’au 3 mars 2006. La m?re partit alors avec l’enfant d’abord dans le Tennessee puis dans l’Arizona […]
6B_168/2007 /rod, Tribunal f?d?ral, Cour de droit p?nal, 24 ao?t 2007
L’enfant, une fille, ?tait n?e en 1998. Les parents ?taient mari?s et la famille vivait en Suisse. En janvier 2002, les ?poux d?cid?rent de se s?parer. La garde fut confi?e au p?re, la m?re ayant un droit de visite ? partir de septembre 2002. Le 6 ao?t 2003, le p?re emmena sa fille au Maroc. […]
K.M.A. v. Secretary for Justice [2007] NZFLR 891
The mother and father were both New Zealand nationals who began their relationship in New Zealand in 2001. Their first child, a son, was born in August 2002. In 2003 the family moved to Australia. The following year the parents married and had their second child, a daughter. The mother also had two children from […]