Cannock v. Fleguel, [2008] O.J. NO. 4480
The child, a boy, was born in Ontario in June 2006. The Australian father did not secure entry to the country because of a criminal record. When the child was approximately five weeks old the mother returned with him to Australia, where they lived with the father until the parents separated in October 2007. In […]
B-2346-08
The child, a girl, was almost 1 year old at the time of the alleged wrongful removal. She was born in France in July 2007, where she lived with her parents. The parents were not married, but the father recognized the fatherhood and they had joint custody. The mother, a Danish citizen, kept her apartment […]
E.M. (Lebanon) v. Secretary of State for the Home Department [2008] UKHL 64, [2008] 3 W.L.R. 931
The proceedings, which were in the context of immigration and asylum law rather than child abduction law, related to a Lebanese mother and child, the latter born in July 1996. They had travelled to the United Kingdom in December 2004 ostensibly to escape the consequences of the Lebanese family justice system. Once in the United […]
Cour de cassation 30/10/2008, C.G. c. B.S., N? de r?le: C.06.0619.F
Les deux enfants, n?s en 1989 et 1990, avaient v?cu jusqu’en 1996 en Argentine. Depuis le divorce de leurs parents, ils vivaient avec la m?re mais la garde ?tait conjointe. En 1996, la m?re fut judiciairement autoris?e ? passer deux semaines aux ??tats-Unis avec les enfants. A l’issue de ce s?jour elle ne rentra pas […]
FamA 130/08, H v H
The English father and Israeli mother married in Israel and their son was born in 2003. The father was finding it difficult to make a living in Israel. He found work in England and so the parties decided to move to England for a trial period of two years. They arrived in England on 27 […]
Koons c. Italie (Requ?te No 68183/01)
The case concerned a child born in the USA in 1992. The parents’ marriage had been troubled very soon. As early as 27 December 1993, when in Rome with his mother, the child was taken to the USA by his father, who immediately applied for divorce and custody there. The mother travelled to New York. […]
Helsinki Court of Appeal, 1 October 2008, Decision No 2764
Habitual Residence – Art. 3 The parents presented contrasting cases as to the nature of the move to Scotland. For the mother it was a two week holiday which had been extended. She sought to support her case by arguing that there had been no change of address filed with the Finnish population register, no […]
CA Reims, 2 octobre 2008, No de RG 08/2336
La demande concernait deux filles n?es en 1995 et 1997. Selon le p?re, ses filles s’?taient r?fugi?es chez lui en juillet 2007. A la suite de la demande de retour de la m?re, le juge aux affaires familiales du TGI de Reims pronon?a un sursis ? statuer sur le retour des filles en Italie aupr?s […]
2008 QCCS 3562, Superior Court of Qu?bec (District of Montreal)
The children, two girls and one boy, were 4, 9 and 12 years old at the time of the alleged wrongful removal. The mother had lived with the biological father of the two younger children for 12 years, first in Canada and since 2001 in Florida. They had married in 1998. In May 2008, the […]
Re F. (Children) (Abduction: Removal Outside Jurisdiction) [2008] EWCA Civ. 854
The application related to two sisters born in Africa in 1999 and 2002. The family led a peripatetic existence before settling in Mozambique in 2003/4. The parents were married. In August 2005 the mother took the girls to the United Kingdom for the purpose of a vacation. However, she went to ground soon after her […]