De Silva v. Pitts, 481 F.3d 1279, (10th Cir. 2007)
The application related to a boy born in the United States in February 1993 to a Sri Lankan mother and American father. The parents were not married and in February 1994, when the mother’s visa expired, she was ordered to leave the country. She did not. In May 1994 the father obtained an order from […]
Re A. (Abduction: Habitual Residence) [2007] 2 FLR 129
Habitual Residence – Art. 3 The core issue for the Court was whether the child had acquired a habitual residence in Washington State during the 8 days he spent there between arriving and the parents’ deciding to end their marriage. To this end the Court cited the definition of Lord Brandon in the House of […]
Re F. (Abduction: Joinder of Child as Party) [2007] EWCA Civ 393
The application related to a 7 year old girl who was raised in Spain. The English mother and Spanish father had had a turbulent relationship which ended in the summer of 2005. At this time mother and child left the matrimonial home but continued to live in the vicinity. The parents subsequently agreed that the […]
Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
The parents of the child, a boy, were married in 1998 in the Philippines. After the marriage the father remained in the Philippines, where he was a life-long resident, and the mother moved to Texas, USA. At the time of her move the mother was one month pregnant. The child was born in 1999. The […]
Cass Civ 1?re 12 d?cembre 2006 (N? de pourvoi : 06-13177)
L’enfant en cause ?tait n?e en 1996. Elle vivait aux Etats-Unis. En d?cembre 2003, la m?re emmena l’enfant en France. Le 5 mai 2004, un formulaire de demande d’assistance au titre de la Convention de La Haye fut rempli par le p?re. Le 23 mai 2004, l’Autorit? centrale fran?aise accusa r?ception de ce formulaire. Courant […]
Family Appeal 001109/06, G.H. v G.Y.
The application related to a child, who was 2 1/2 years old at the time of the alleged wrongful removal and who was born and raised in Israel. During the summer of 2005, the mother took the child to the U.S. informing the father they would return on 2 September 2005. Two days before this […]
Canada (Citizenship and Immigration) v. Garcia, 2007 FCA 75, [2008] 1 F.C.R. 322
The proceedings related to a mother and two sons who came to Canada from Mexico and claimed refugee status under the Immigration and Refugee Protection Act (IRPA). In June 2004 the Quebec Court of Appeal issued a non-return order in a Hague Convention application for return of one of the boys, on the basis that […]
J. E. M. D. c. M. de J. B s / reintegro de hijo
The proceedings concerned a child who had travelled with her mother from Nicaragua to Panama without the father’s consent. The father requested the return of the girl before the Central Authority of Nicaragua, which then informed the Central Authority of Panama. The First Instance Court (Juzgado Segundo de Ni?ez y Adolescencia) ordered the return and […]
CA Toulouse, 28 novembre 2006, No de RG 1121
The child at issue is a girl born in June 2000. The family lived in Montr?al, Canada. After their separation, the parents decided that the mother would have physical custody of the child. That agreement was upheld by the courts in November 2005. On 18 January 2006 the mother took the child to France. The […]
Bajrami v. Albania (Application no. 35853/04)
The application related to a child born in January 1997 to a Kosovan father and an Albanian mother. The spouses separated in 1998 and the mother took the child to the maternal grandparents’ home in Albania. On 6 May 1999, using forged documents, the mother remarried, although not divorced from the father. On 15 September […]