Decision of the Federal Supreme Court 5A_666/2017 of 27 September 2017
Shortly after the birth of the child in Switzerland, the unmarried parents moved to Spain, where they lived in a shared household for several years. In 2011, the parents separated and had alternating custody. At the end of January / beginning of February 2016, the mother moved with the child to Switzerland without the father’s […]
Oberlandesgericht N?rnberg (Nuremberg Higher Regional Court), 7 UF 660/17, 05 July 2017
The Applicant father and the Respondent mother had a daughter together, born on 22 February 2014. They lived together with the child and an older daughter of the mother in France. In June 2018 the mother travelled to Germany and gave birth to another child, whose biological father is the Applicant. The mother returned to […]
Cass Civ 1?re, 14/06/2017, Y c. X, N. 17-10980
B.S.P. v C.M., 2017 SKQB 179
The mother and father never married but lived together for 8 years. The mother has four children, born in 2002, 2009, 2011 and 2014. The father is the biological father of the three youngest. While not biologically related to the eldest child, the father testified that he stood in the place of the child’s father […]
Pliego v. Hayes, 843 F.3d 226 (6th Cir. 2016)
The case concerns a child born in 2011 to a Spanish father and an American Mother. The father was working as a diplomat in Turkey at the time of the wrongful removal. In April 2014, the mother traveled to Kentucky, United States with the child and made a unilateral decision not to return. The father […]
Thompson v. Thompson
The parents are a British father and a Russian mother who were married and who lived and worked in Spain since 2009. The child lived with her parents in Spain from birth (in July 2013) until her mother removed her to Russia in April 2016, without the father’s knowledge or consent. The 1980 Hague Child […]
A.G.O. s/ Restituci?n Internacional
Habitual Residence – Art. 3 The Appellate Court (Tribunal de Apelaci?n de la Ni?ez y la Adolescencia) ruled that the habitual residence of the child, prior to his wrongful removal, was in the Federal Republic of Brazil. The documentation produced showed that the child had been born in Brazil, had been registered in said country […]
G/G. RIT: C-403-2017
The case is about a four-year-old boy born on 14 February 2013 in Carate Brianza, Italy, where he lived with his parents, who were not married. On 24 August 2016, the mother travelled with the child to Chile to visit the mother’s side of the family. On 12 September 2016, the father signed a travel […]
2016 (Ra) No. 622 Appeal case against dismissal of case seeking return of a child
Consent – Art. 13(1)(a) The Osaka High Court judges held that, despite the assertion of the mother that the father consented to or acquiesced in the removal of the child to Japan, there was no evidence for this assertion. The father had consented only to the mother going to Japan with the child for a […]
Balev v. Baggott, 2016 ONCA 680