Cass Civ 1?re, 13 juillet 2005, No de RG 05-10519
Grave Risk – Art. 13(1)(b) The Cour de cassation affirmed that Article 13(1)(b) could not give rise to an exception to an immediate return unless there was a risk of grave harm or the existence of an intolerable situation. It further recognised that Article 3(1) of the UNCRC had direct application in French law and […]
Bundesverfassungsgericht, 1 BvR 1465/05, 22 July 2005
L’affaire concernait un enfant n? en 1994. Les parents, s?par?s, avaient la garde conjointe, la r?sidence de l’enfant ayant ?t? octroy?e ? la m?re. Le 4 septembre 2004 le p?re emmena l’enfant en Allemagne (son lieu de r?sidence) dans le cadre de l’exercice de son droit de visite. Il ne ramena pas l’enfant en Belgique […]
Hunter v. Murrow [2005] EWCA Civ 976
The child, a boy, was almost 4 at the date of the alleged wrongful removal. He had spent his entire life in New Zealand. His parents were not married and had ended their relationship 8 months prior to the birth. Following the birth the father had regular contact with his son. In late September 2004 […]
Re J. (A child) (Return to foreign jurisdiction: convention rights), [2005] UKHL 40, [2006] 1 AC 80
The proceedings related to a young boy born in April 2000. His father was Saudi Arabian and his mother had joint British and Saudi Arabian nationality. The family home was in Saudi Arabia. The parents separated and divorced in 2001 but resumed cohabitation that same year and remarried in early 2002. In July 2002 the […]
Walley v. Walley [2005] EWCA Civ 910, [2005] 3 FCR 35
Undertakings The Court noted that the return order had been properly made, subject to a series of stringent conditions but the conditions had not been complied with. Moreover there was no reasonable time limit within which there was the least possibility of compliance, therefore the order for return should be set aside. Objections of the […]
Zaffino v. Zaffino (Abduction: Children’s Views) [2005] EWCA Civ 1012
Objections of the Child to a Return – Art. 13(2) All three Lord Justices hearing the appeal agreed that the children should be returned forthwith, however, each member of the panel stressed different issues in arriving at that conclusion. Thorpe LJ, with whom Wall LJ was in agreement, focussed on the manner in which the […]
Wilson v. Huntley (2005) A.C.W.S.J. 7084; 138 A.C.W.S. (3d) 1107
Habitual Residence – Art. 3 To determine whether the Convention could apply to the application it had to be determined whether the child was habitually resident in the United Kingdom. Reviewing a selection of case law the Court held first that the child could only have one habitual residence at any particular time. It then […]
Cass Civ 1?re, 14 juin 2005, No de RG 04-16942
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. […]
MQ v. Director-General, Department of Community Services (NSW) (2005) 34 Fam LR 8, [2005] FamCA 843, (2006) FLC 93-255, (2006) 34 Fam LR 656
Grave Risk – Art. 13(1)(b) The Full Court held that issues concerning the relationship between the half sisters and the effect a return order might have been considered in the context of the Australian regulation giving effect to Article 13(1)(b). Rights of Access – Art. 21 The step-sister argued that her application for contact should […]
3Ob89/05t, Oberster Gerichtshof
Les enfants en cause ?taient n?s en 2001 et 2003. La famille vivait en Italie. En juillet 2004, la m?re alla passer trois semaines de vacances avec les enfants en Autriche, aupr?s de ses parents. La nuit suivant leur retour en Italie, ? la suite d’une dispute, la m?re annon?a au p?re, qu’elle estimait tyrannique, […]