DEFENSOR??A DE POBRES Y AUSENTES NRO. 1 s/ RESTITUCI?N – RESTITUCI?N INTERNACIONAL DE MENOR
The case is about a seven-year-old girl born in the city of Arica, Republic of Chile, where she lived with her mother, of Argentine nationality, and her father, of Chilean nationality. After the parents decided to end their marriage, the father chose to stay in Arica, and the mother went back to the city of […]
DW v MB – [2020] JMSC Civ 230
The parents had a child, born in 2017 in Maryland, USA. They married in 2018 and lived in Florida, USA, until June 2019 when the mother and the child travelled to Jamaica. In October 2019 the father filed an application under the 1980 Hague Convention for the return of the child to the USA. The […]
Simpson v Hamilton [2019] NZCA 579
The parents, both German nationals, lived together and had a child in Germany. In 2014 the mother took the child to New Zealand without the consent of the father. In 2016 the father discovered that they were in New Zealand and made an application to the German Central Authority for the return of the child […]
[A.R.P.] v [Uni?o], Recurso Especial No 1.723.068 – RS
The child was born in 2011 in Spain of a Brazilian mother and Spanish father. In 2013, the family lived in Brazil for a while. In 2014, the father, mother and child returned to Spain. However, the mother and child established their residence in a different city from the father. The child enrolled at school […]
Sieger & Department of Communities and Justice [2020] FamCAFC 172
Grave Risk – Art. 13(1)(b) The 1980 Convention states that a court may refuse to order the return of the child if it would ‘expose the child to physical or psychological harm’. The difference between a grave risk of exposure to harm and a grave risk of suffering harm may be important, because the former […]
Bakker v. Bakker [2020] BCSC 1620
Removal and Retention – Arts 3 and 12 After applying an objective test the court found that an agreement was made between the parties to return the child to New Zealand in July 2020. The Court came to no firm conclusion as to whether the father’s consent was invalidated as it was based on false […]
OLG Karlsruhe 2 UF 200 19 – 25 June 2020
Karlsruhe Local Court had obligated the mother, in its order dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to effect, within two weeks, the return of the two children, one born in December 2015 and the other born in August 2017, to the U.S. State of Connecticut. Among other things, […]
OLG Karlsruhe 2 UF 200 19 (Bes. Haftbef.)- 25 June 2020
The mother had been ordered, by means of an order issued by Karlsruhe Local Court dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to return the children, one born in December 2015, the other born in August 2017, to the U.S.A. Her complaint (Beschwerde) appeal against this was rejected by […]
Z A and BY and in the matter of K (a minor) [2020] NIFam 9
The parents married in 2013 and had a child, K. The defendant is the biological mother of the child and the plaintiff is recognised as a parent on the birth certificate. The plaintiff is a Dutch national, the defendant from Northern Ireland. The relationship between the parents was characterised by domestic violence and both women […]
LRR v COL [2020] NZCA 209
The mother and the father were living in Australia with their son, H. Following the break-down of their relationship, the mother moved to New Zealand with H, then aged 2 and a half. The New Zealand Central Authority applied to the Family Court on behalf of the father for an order for the return of […]