CA Paris, 8 ao?t 2008, Nos de RG 08/05791 et 08/07826
The application concerned two children born in 1997 and 2003 to married parents. The family, of Turkish origin, had been living in the Netherlands since 2000. In September 2006, following dissension between the couple, the mother moved to France with the children. The French Public Prosecutor initiated return proceedings on December 3, 2007 and the […]
Central Authority v. B 2009 (1) SA 624 (W)
The proceedings concerned a child born in October 2004 in the United States of America to a South African mother and an American mother. The parents were married and the family lived in Illinois, United States of America, until the mother took the child to South Africa on 13 May 2006. The reasons for the […]
Cass Civ 1?re 9 juillet 2008 (N? de pourvoi 07-15402)
The application concerned two children who had their habitual residence in Portugal. On 5 May 2003 the father took the children to France and settled there. On 6 August 2004 the mother called upon the Portuguese Central Authority concerning a request for their return. On 19 October 2004, the Portuguese authorities indicated to their French […]
CA Dijon, 15 juillet 2008, No de RG 08/00923
Acquiescement – art. 13(1)(a) La cour estima que la m?re n’avait pas ?tabli que le p?re avait acquiesc? au non-retour. Il avait donn? son autorisation aux enfants de s?journer en France dans la perspective d’un s?jour temporaire. Risque grave – art. 13(1)(b) La Cour d’appel indiqua que ni le pass? d?lictuel lointain du p?re, ni […]
Vale v. Avila, 538 F.3d 581, (7th Cir. 2008)
The application related to twins born in Venezuela in 1999 to married Venezuelan parents. In 2005 the mother petitioned for divorce after meeting an American man via the internet. Pursuant to the divorce decree the mother was granted physical custody of the children but both parents were accorded the power of patria potestas. The father […]
N.J.C. v. N.P.C. [2008] CSIH 34, 2008 S.C. 571
Aims of the Convention – Preamble, Arts 1 and 2 The Inner House noted that submissions which in essence sought to argue that a return would not be in the best interests of the children, were out of place in Convention proceedings. The aim of the Convention was not to determine where the children’s best […]
Kilah v. Director-General, Department of Community Services [2008] FamCAFC 81, (2008) FLC 93-373; (2008) 39 Fam LR 431
The application related to four boys who were aged 10, 7, 5 and 3 years at the time of the appellate hearing. Until May 2006 they had spent their entire lives in Israel with their married parents. The mother was Australian and she had relocated to Israel for the purposes of her marriage. In 2005 […]
State Central Authority & Peddar [2008] FamCA 519
The application related to two children, born in April 1997 and April 1999 respectively. They had lived in Sweden with their parents until early 2004 when they relocated to Australia with their father. Prior to the move a district court in Sweden made an order with regard to access arrangements. This order was subsequently upheld […]
Duarte v. Bardales, 526 F.3d 563 (9th Cir. 2008)
The proceedings related to two children born in October 1996 and June 1998. Two older siblings, not subject of the proceedings, were born in October 1990 and October 1991. The parents, who never married, entered the United States of America from Mexico in 1990. In 2000, they separated and the mother took the four children […]
CA Paris, 22 mai 2008, No de RG 08/05966
The case concerned a child born in the United States in 2001. The family was habitually resident in Italy. In 2005 the mother wrongfully removed the child to France. On February 15, 2007, the Appeal Court of Paris ordered the return of the child (INCADAT Reference: HC/E/FR 979). The mother removed the child for a […]