Schleswig Holsteinisches Oberlandesgericht, 12 UF 169/13, 08 January 2014
Rights of Custody – Art. 3 The parents have joint custody of their daughter. There is no evidence of the (implied) consent of the father to the daughter being taken to Germany permanently. For a child to be deemed to have been taken abroad illegally, there is no requirement that this must have been done […]
Karlsruhe Higher Regional Court, 2 UF 266/14, 16 December 2014
Rights of Custody – Art. 3 As provided for by Hungarian law, the parents had joint custody of their son. His place of habitual residence was in Hungary, where he had lived since birth. The father had been exercising his rights of custody. The court emphasised that no unnecessarily high demands could be made of […]
Re LC (Children) (International Abduction: Child’s Objections to Return) [2014] UKSC 1, [2014] 2 W.L.R. 124
The proceedings concerned four children born in England to an English father and a Spanish mother. The children lived with their parents, who were unmarried, in England until July 2012, when the parents’ relationship broke down. As a matter of English law, the father had parental responsibility in respect of the two younger children only. […]
Lozano v. Montoya Alvarez, 134 S.Ct. 1224 (2014)
The proceedings concerned a child born in October 2005 to Colombian parents who had met and lived together in London. The parents never married. At trial, the District Court found that the father had mistreated the mother in some way and that the child had been exposed to, and negatively affected by, the problems in […]
Tribunal d’arrondissement de Luxembourg, 20 d?cembre 2013, R?f?r? No 785/2013
L’affaire concernait un enfant n? au Portugal de parents cohabitant en union libre. Le couple se s?para en 2005 alors que la m?re ?tait enceinte de leur second enfant. La m?re v?cut ensuite au Portugal avec les deux enfants et son nouveau compagnon. L’ain? visitait r?guli?rement ses grands-parents paternels et son p?re, mais le p?re […]
U.2014.1295? ? TFA.445/1OE / nr. B-3977-13
In the time before the wrongful retention in Denmark, the child lived with her mother in Poland, and the father, who lived in Denmark, had visitation rights. During the summer holidays, in July 2013, the child visited her father in Denmark. After the end of the holidays, the father kept the child in Denmark without […]
P.R.A. c. P.G.M.J
The proceedings concerned a girl who was born to Dominican parents during their short relationship. When they separated, the girl remained under the mother’s care. The father applied for U.S. residency for himself and his daughter. In March 2012, the parents arrived to an agreement in which the mother authorised the girl to live outside […]
Case no. LF-2013-168054
Grave Risk – Art. 13(1)(b) The court began by referring to Norwegian legal theory stating that ?the exception provisions are interpreted very narrowly”. The court also referred to existing case law of the Norwegian Supreme Court establishing that ?return may not be refused on the basis of a general assessment of what would be in […]
5A_716/2012, IIe cour civile, arr?t du TF du 3 d?cembre 2012
The case concerned two children removed by their mother from Italy to Switzerland. On 5 July 2012, the father applied for return to the canton Court of Neuch?tel. On 11 August, the mother informed the court that she was in Italy with her children. On 13 August, the President of the Court of protection for […]
Mendoza v. Silva, 987 F.Supp.2d 883