Re H. (A Child: Child Abduction) [2006] EWCA Civ 1247
The application related to a girl, aged 15. The parents were divorced and since 2002 the girl had lived in South Africa with her mother. She spent alternative vacations with her father, who since 2000 had resided in England. During Easter 2006 the girl travelled to England but she refused to return at the end […]
Re F. (Hague Convention: Child’s Objections) [2006] FamCA 685, (2006) FLC 93-277; 36 Fam LR 183
Objections of the Child to a Return – Art. 13(2) The Court noted that there had been discussion in Australian jurisprudence as to whether the objection of the child had to be specifically focussed on the State of habitual residence, but declined to participate in the debate. The Court held that the evidence was now […]
Bundesverfassungsgericht, 1 BvR 1796/06, 11 October 2006
Droits de l’homme – art. 20 –
CA Reims, 4 juillet 2006, No de RG 05/02155
The case concerned a child born in April 2003 in the Netherlands where the family lived. On January 10, 2005, the parents divorced in Morocco (their country of origin); the father returned to the Netherlands, while the mother went to live in Troyes, France with the child. On April 15, the Dutch Central Authority issued […]
H.Z. v. State Central Authority [2006] FamCA 466, (2006) FLC 93-264; (2006) 35 Fam LR 489
The application related to three children who were born and raised in Greece and aged 7, 4 and 2 1/2 at the date of the alleged wrongful retention. The Greek father and Australian / Greek mother were married. In June 2005 the mother took the children to Australia for a 10 week vacation. At the […]
Bianchi v. Switzerland, Application No. 7548/04
The application related to a boy born in November 1999. He lived in Italy with his parents until they separated in June 2002 and he was removed to Switzerland by his mother. In September 2002 the father petitioned the Swiss authorities for the return of his son. Following a series of hearings which culminated in […]
CA Orl?ans, 27 juin 2006, No de RG 06/01084
La demande concernait trois enfants n?s ? New York en 1990, 1993 et 1994. A la suite du divorce des parents en 2003, la garde fut attribu?e ? la m?re dont la r?sidence habituelle ?tait d?sormais en Californie. Les enfants passaient r?guli?rement leurs vacances d’?t? chez leurs grands-parents paternels en France. A la fin de […]
Cour d’appel de Luxembourg, 3 mai 2006, No de r?le 30793
L’affaire concernait un enfant d’un couple mari? d?plac? par la m?re de Pologne vers le Luxembourg ? l’insu du p?re, le 3 mai 2005. Le 10 novembre 2005, un juge de premi?re instance luxembourgeois avait d?bout? le p?re de sa demande de retour au motif que « renvoyer l’enfant en Pologne et […] le s?parer […]
Vigreux v. Michel [2006] EWCA Civ 630
The child, a boy, was removed from France to England on 14 August 2005, the day of his 14th birthday. The parents, who were not married, were separated. In January 2002 a French court had made an order for joint parental responsibility with the mother having residence, the father contact. The father appealed this order, […]
CA Paris, 30 mai 2006, No de RG 06/00395
Grave Risk – Art. 13(1)(b) The father argued that when his daughter was aged 7 she had been the victim of rape at the family residence by her mother’s live-in partner. He stated that he had filed a complaint in that regard in September 2004 in France. The Court found that the evidence produced by […]