Decision of the Federal Supreme Court 5A_846/2018 of 6 November 2018
Par requ?te, d?pos?e le 19 septembre 2018 devant la Chambre civile de la Cour de justice de la R?publique et canton de Gen?ve, le requ?rant a conclu, par r?f?rence ? la Convention de La Haye du 25 octobre 1980 sur les aspects civils de l’enl?vement international d’enfants, au retour imm?diat en France ses enfants. Les […]
X. (the mother) against Y. (the father)
Grave Risk – Art. 13(1)(b) The mother claimed that during her relationship with the father she was regularly exposed to domestic violence in presence of the child. If the child were to return to Australia this would place her in an intolerable situation as referred to in Article 13(1)(b) of the Convention. The father explicitly […]
Decision of the Federal Supreme Court 5A_1021/2017 of 8 march 2018
R?sidence habituelle – art. 3 Le principe du recours exclusif au rattachement ? la r?sidence habituelle de l’enfant, consacr? notamment dans la CLaH80, s’oppose ? ce qu’un enfant jouisse, d’un point de vue juridique au moins, de plusieurs r?sidences habituelles. En revanche, un enfant peut avoir « deux r?sidences habituelles alternatives et successives », en […]
2017 (Ju) No. 2015 Case of a request for Habeas Corpus relief
The parents are both Japanese nationals. After their marriage, they first resided in Japan. The first son was born there in 1996 and the daughter in 1998. After the entire family moved to the United States, the second son was born there in 2004. He is a national of Japan and the United States. In […]
2017 (Kyo) No. 9 Case on Appeal with Permission against Modification of Final Order
The parents are an American father and a Japanese mother who were married and living in the United States. In July 2014, the mother removed their four children to Japan when the elder twins were 11 years and 7 months old and the younger twins 6 years and 5 months old. In breach of her […]
[father] tegen [mother] Hof Den Haag 14 februari 2018, ECLI:NL:GHDHA:2018:296
In the matter of C (Children) [2018] UKSC 8
The mother and father met and married in Australia. The mother was a British national and the father an Australian national. Their two children were born in 2012 and 2014, and during the latter stages of the mother’s maternity leave, the marriage was in difficulties. The father agreed the mother could travel to England with […]
2017 (Ra) No. 525 Appeal case against an order to return the child
The father is a United States national, the mother a Japanese national. They met in Japan while the father was serving for a United States military base and married in Japan in 2012. The couple lived with the mother’s son from her previous marriage in Japan. The father returned to the United States, followed by […]
FE v YE [2017] EWHC 2165 (Fam)
The parents married in June 1993 and have four children. The current application concerns two of the children, twins, aged 7. The family lived in Israel until June 2016, when the mother, the daughter and the twins went on holiday to Thailand. They did not return when booked to do so in July, 2016 and […]
2017 (Ra) No. 742 Appeal case against an order of the return of a child
Grave Risk – Art. 13(1)(b) Firstly, the mother contended that the father was exercising violence, creating a grave risk of harm to her life and body, and may well continue exercising such violence in a way that would expose the daughter to psychological harm by witnessing it (given that the Singaporean personal protection order allegedly […]