Family Appeal 001109/06, G.H. v G.Y.
The application related to a child, who was 2 1/2 years old at the time of the alleged wrongful removal and who was born and raised in Israel. During the summer of 2005, the mother took the child to the U.S. informing the father they would return on 2 September 2005. Two days before this […]
Canada (Citizenship and Immigration) v. Garcia, 2007 FCA 75, [2008] 1 F.C.R. 322
The proceedings related to a mother and two sons who came to Canada from Mexico and claimed refugee status under the Immigration and Refugee Protection Act (IRPA). In June 2004 the Quebec Court of Appeal issued a non-return order in a Hague Convention application for return of one of the boys, on the basis that […]
J. E. M. D. c. M. de J. B s / reintegro de hijo
The proceedings concerned a child who had travelled with her mother from Nicaragua to Panama without the father’s consent. The father requested the return of the girl before the Central Authority of Nicaragua, which then informed the Central Authority of Panama. The First Instance Court (Juzgado Segundo de Ni?ez y Adolescencia) ordered the return and […]
Bajrami v. Albania (Application no. 35853/04)
The application related to a child born in January 1997 to a Kosovan father and an Albanian mother. The spouses separated in 1998 and the mother took the child to the maternal grandparents’ home in Albania. On 6 May 1999, using forged documents, the mother remarried, although not divorced from the father. On 15 September […]
Re D. (A Child) (Abduction: Rights of Custody) [2006] UKHL 51
The application related to a boy born in Romania in July 1998. The parents were divorced and the mother was granted the primary role of care for the child. In the autumn of 2002 the mother moved to the United Kingdom, got married and commenced a degree course. The child remained in Romania and was […]
5P.380/2006 /blb; Bundesgericht, II. Zivilabteilung (Tribunal F?d?ral, 2?me Chambre Civile)
La demande concernait un enfant n? en 2004 en France de m?re suisse et de p?re fran?ais. La famille vivait en France. Le 3 juin 2005, la m?re emmena unilat?ralement l’enfant en Suisse o? elle prit un appartement. Le p?re leur rendit visite pendant l’?t?. A l’automne la m?re envoya quelques unes de ses affaires […]
CA Toulouse, 28 novembre 2006, No de RG 1121
The child at issue is a girl born in June 2000. The family lived in Montr?al, Canada. After their separation, the parents decided that the mother would have physical custody of the child. That agreement was upheld by the courts in November 2005. On 18 January 2006 the mother took the child to France. The […]
CA Paris, 19 octobre 2006, No de RG 06/12398
Settlement of the Child – Art. 12(2) – Procedural Matters It should be noted that the Appeal Court allocated the responsibility for costs of the proceedings to the French Central Authority.
Supreme Court, Civil Chamber II, E. 2006/17797 K. 2006/14657
The case concerned two children born in October 2003 and September 1999, respectively. On 24 November 2004, the mother took the children from Australia to Turkey. On 11 November 2005, the father applied for the return of the children through the Australian Central Authority. The father’s application was denied at first instance and he issued […]
Cass Civ 1?re, 14 novembre 2006, No de RG 05-15692
Habitual Residence – Art. 3 The Cour de cassation noted that the Cour d’appel had been able to deduce from the evidence of several witnesses that the children were habitually resident in England. The residence of the mother and children there was not provisional in nature; the mother was in paid employment and the children […]