Neulinger and Shuruk v. Switzerland (Application No 41615/07), Grand Chamber
The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth, the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]
RE A. (Removal Outside Jurisdiction: Habitual Residence) [2010] EWHC 1113 (Fam); [2010] Fam. Law 1257
The application related to children born in England in late 2007 to married Cameroonian parents. The family lived with the paternal grandmother. It was the mother’s case that she had been abused by both the father and the grandmother. In November 2008 the children went to Cameroon with the paternal grandmother. The mother submitted that […]
E.S. v. A.J. [2010] EWHC 1113 (Fam.)
The application related to twins born in England in 2007 to parents of Cameroonian origin. In November 2008 the twins were sent to live in Cameroon. They were accompanied by the paternal grandmother, whilst the mother had accompanied the party to the airport. The mother’s case was that sending the children abroad had been against […]
FS 12-11269/2010
Habitual Residence – Art. 3 In this case the issue was whether the boy’s habitual residence was in Finland or Denmark. The court ruled that the boy had not changed his habitual residence to Finland. The only indication that the boy had changed habitual residence was on the form for the National Register of Persons […]
The return of a wrongfully retained minor back to the Federal Republic of Germany (Case No. 2. 187-10)
The child was born in 2005 in Germany. Her mother is a citizen of Georgia and her father is a citizen of Germany. The couple married in 2003. According to Section 1626 of the German Civil Code, both parents had joint custody. The family lived together in their flat in Berlin and both parents exercised […]
B-1158-10
The child, a boy, was 6 months old at the time of the alleged wrongful removal. He was born in Norway in June 2008. The family had lived together in Norway until the mother moved back to Denmark, her state of origin, in January 2009. The parents met for the first time 16 years ago. […]
Cour de cassation, 6 mai 2010, No 32/10
The case concerned two children. The family lived in Luxembourg since their birth. The mother decided to move to France with the children. The father applied for the children’s custody and their return. His application was dismissed by the Court of Appeal, and he appealed to the Cour de cassation.
Macready c. R?publique tch?que (Requ?tes Nos 4824/06 et 15512/07)
The case concerned a child born in the United States of America in December 2002. In early 2004, the father petitioned for divorce. A Court ruled on a provisional basis and awarded joint custody of the child, who was to share his time between his mother and father, and enjoined the mother from leaving the […]
Central Authority of the Republic of South Africa and Another v LG 2011 (2) SA 386 (GNP)
Consent – Art. 13(1)(a) The Court found that on the facts the father had consented to the child living in South Africa permanently. The father may have harboured hopes that the mother would return to the United Kingdom despite the parties having agreed on separation and divorce, but this did not detract from the fact […]
5A_154/2010, II. zivilrechtliche Abteilung, arr?t du TF du 29 avril 2010
The case concerned a boy born in Pennsylvania (United States of America) in April 2007. Relations between the parents were stormy and the mother left the family home with the child. By rulings in late December 2007 and early January 2008, a US court ordered joint parental authority, awarded physical custody of the child to […]