Decision of the Federal Supreme Court 5A_437/2021 of 8 September 2021
The child, a girl, was 4 at the time of the alleged wrongful removal from the USA. The parents were not married and met online when the mother was still a teenager (and living in Switzerland). During her second visit to Florida the mother (not a US national) became pregnant. The mother gave birth to […]
Director General of the Department of Community Services v. N., 19 August 1994, transcript, Family Court of Australia (Sydney)
Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proven to the standard required under the Convention.
In the Marriage of S.S. and D.K. Bassi (1994) FLC 92-465, 17 Fam LR 571
Removal wrongful but return refused; the standard required under Article 13(2) had been met with respect to the older girl’s objections and it was consequently held that it would place the younger child in an intolerable situation to be returned alone.
Thompson v. Russia (Application no. 36048/17)
The father, a British national, and the mother, a Russian national, both lived in Spain. They had a daughter born in 2013 who is a British national by birth. On 27 April 2016, the mother informed the father from the airport that she was taking their daughter to Russia with no intention of returning to […]
Jacquety v Baptista (S.D. N.Y. 2021) 2021 WL 1885263
The parents were born and lived in Morocco. The mother was a Spanish and Portuguese national and the father a French national. The couple married in France in 2013 and had one child, born in 2014 in Morocco. In November 2018 the mother travelled with the child to Switzerland and then to Portugal and on […]
Ad Hoc Central Authority of the Republic for South Africa and Another v Koch N.O and Another (2821/2021) [2021] ZAWCHC 53
Non-Convention Issues The application was not strictly brought under the Hague Convention but was clearly related to it and aimed to enforce the rights protected and granted under the Convention. The Court found they were obliged to consider the short-term interests of the child and held that it would be potentially detrimental to the child […]
G v G [2021] UKSC 9
The parents lived together in South Africa and had a child in 2012. The child had always been habitually resident in South Africa. The parents separated in 2014. The child lived with the mother but had regular contact with the father. The mother identifies as lesbian. She alleged that after separating from the respondent and […]
SS v MCP Case C 603/20 PPU
The parents, both Indian citizens, lived together in the United Kingdom but were not married. In 2017 they had a child who is a British citizen. The father was named on the birth certificate and has parental responsibility of the child. In October 2018 the mother went to India with the child. After several months, […]
M.P.S. C/ M.V.M.S. S/ RESTITUCI?N INTERNACIONAL DE MENORES DE EDAD
The child, a 3-year-old girl at the date of the decision, was born in Mexico. She lived with her parents, who had gotten married under the separation of property regime in Puerto Aventuras, Quintana Roo. On 6 December 2019, the mother reported the father for domestic violence before a Prosecution Office in Playa del Carmen, […]
A (A Child) [2021] EWCA Civ 194
Procedural Matters There was no need to for the child to be joined as a party to proceedings as the CAFCASS officer had appropriate skills to make his voice heard. Furthermore, it was clear that the mother had placed emotional pressure on the child and so his instructions to the legal team may not represent […]