5A_105/2009, II. zivilrechtliche Abteilung, arr?t du TF du 16 avril 2009
Removal and Retention – Arts 3 and 12 Having observed that the child’s habitual residence was unquestionably in the United States of America, the Federal Tribunal stated that there was no need to determine to what extent the father had ex lege a right protected by the Convention, since the removal’s wrongfulness was due to […]
CA Poitiers, 16 avril 2009, No de RG 09/00356
The children, two boys, were born in 1995 and 1997. Following the parent’s divorce in 2001, the residence of the children was set with their mother in England. After a visit with their father at his home in France in the context of his access rights, the father failed to bring the children back on […]
Neulinger and Shuruk v. Switzerland (Application No 41615/07)
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 […]
M.P. c. J.K., Droit de la Famille 0957, Cour sup?rieure de Montr?al, 8 janvier 2009, 2009 QCCS 141
The case concerned a child born in Canada in 2003. The parents, who had lived together sporadically for a few years then regularly from December 2002 to November 2003, separated. The mother returned to Australia, her country of origin, in November 2003, with the child. The parents entered into several agreements concerning the child which […]
Cass Civ 1?re 25 f?vrier 2009, N? de pourvoi 08-18126
The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father visitation rights. The mother’s right of custody was, however, limited insofar as she was obliged to refer to a court if she wished to migrate. The mother took the children […]
Re F. (A Child) [2009] EWCA Civ 416
The child, a boy, was aged eight at the date of the alleged wrongful removal. He was born in Poland to Polish parents and had always lived in Poland. The parents divorced in 2006 and thereafter proceedings were commenced in Poland in respect of the child, resulting in an order dated July 2007, granting the […]
Family Advocate, Cape Town and Another v. E.M.
The application related to a child born in 2004 to a British father and a South African mother. The parents had married in South Africa. The child was born in the United Kingdom and lived there with the parents until September 2007, when the mother took her to South Africa for an agreed vacation. After […]
Cass Civ 1?re 17 D?cembre 2008, N? de pourvoi 07-15393
R?sidence habituelle – art. 3 La m?re indiquait que la Cour d’appel n’avait pas caract?ris? que la r?sidence habituelle de l’enfant, qui avait souvent effectu? des s?jours plus ou moins longs en France, ?tait aux Pays-Bas. La Cour de cassation observa que la Cour d’appel avait not? que l’enfant ?tait n? aux Pays-Bas d’un p?re […]
Rinau v. Rinau (C-195/08 PPU)
The application related to a child born in Germany on 11 January 2005. Shortly after the birth the parents separated with the child remaining with her mother. In July 2006 the father agreed to the mother taking the child to Lithuania for a two week vacation. The child was not returned. After being awarded custody […]
Carlson v. Switzerland, Requ?te no 49492/06
Aims of the Convention – Preamble, Arts 1 and 2 The father did not seek to challenge the legal basis for the non-return order but the manner in which his return petition had been dealt with, particularly errors and delays he alleged to have suffered at the hands of the district court in Baden. The […]