D.T. v. L.B.T. [2010] EWHC 3177 (Fam.)
Habitual Residence – Art. 3 For the Convention to apply the applicant father had to show that the children had acquired a habitual residence in Italy between 15 July 2009 and 4 April 2010. It was the mother’s case that she had been bullied into agreeing to relocate to Rome, and that she was profoundly […]
Central Authority v MG 2010 JDR 1535 (GNP)
The proceedings related to a child born on 23 November 2008 to unmarried parents. On 29 May 2009, the child was taken from the United Kingdom, her place of habitual residence, to South Africa, by the mother. The father petitioned for the child’s return. Initially, the mother indicated that she was willing to return with […]
Harris v. Harris [2010] FamCAFC 221, (2010) FLC 93-454
The application concerned a child born in 2007 in Norway to an Australian mother and a Norwegian father. The parents had married in Australia in November 2006 and moved to Norway in December 2006. Except for holidays in Australia, this is where they lived until the child’s removal in November 2008. The marriage was characterised […]
EL v The Director: The Department of International Relations And Co-Operation 2010 JDR 1479 (ECP)
The application related to a child born in South Africa in August 2005. The parents had married in South Africa in September 2003. Difficulties arose between them shortly thereafter, which the mother attributed to cultural differences (the father was Chinese). In February 2006, the mother discovered that the father was involved in certain criminal activities. […]
Ryan v. Ryan
The application related to two children born on 31 October 2001and 21 June 2005 to a Canadian mother and an American father. The parents had married after the birth of their first child and now lived in Vermont. In June 2010, the mother went to Newfoundland and Labrador with the children for a holiday. The […]
G. M. E. M. c. J. D. D. S. s/ reintegro de hijos
The case concerned two children, born in March 2005 and August 2006, whose parents had gotten married in 2004. On 3 January 2011, the father left Spain, where the family had their habitual residence, and travelled to Peru with the children. On 6 January, the mother travelled to Peru to get the children back to […]
Raban v. Romania (Application No 25437/08)
The proceedings related to two children born in Israel in 2003 and 2004 respectively. They had lived there with their married parents until 27 April 2006, when their Romanian mother took them to her home country for an extended visit. It was the case of the Israeli/Dutch father that the visit was for a fixed […]
Riigikohus – Tsiviilkolleegium, 28 September 2010, Case No 3-2-1-66-10
The proceedings related to a child born in London in May 2009. The parents had met 10 months previously and had planned to live in Estonia upon the birth of their child. However, prior to the birth the mother was, for medical reasons, not permitted to fly to Estonia from the UK where she had […]
J. McB. v. L.E. (C-400/10 PPU)
Rights of Custody – Art. 3 The Court noted that the concept of ‘rights of custody’ was defined in Article 2(9) of Council Regulation 2201/2003 and so was an autonomous concept, independent of the law of Member States. However, pursuant to Article 2(11), the wrongfulness of a removal or retention was entirely dependent on the […]
CA Paris, 14 octobre 2010, No de RG 10/17238
The case concerned a girl born in Israel in 2008 to married parents. She had lived there with her parents until December 2009, when the mother moved to France with the child. On 11 August 2010, the family judge of the Tribunal de Grande Instance of Paris held that the child’s removal was not wrongful […]