Bianchi v. Switzerland, Application No. 7548/04
The application related to a boy born in November 1999. He lived in Italy with his parents until they separated in June 2002 and he was removed to Switzerland by his mother. In September 2002 the father petitioned the Swiss authorities for the return of his son. Following a series of hearings which culminated in […]
CA Orl?ans, 27 juin 2006, No de RG 06/01084
La demande concernait trois enfants n?s ? New York en 1990, 1993 et 1994. A la suite du divorce des parents en 2003, la garde fut attribu?e ? la m?re dont la r?sidence habituelle ?tait d?sormais en Californie. Les enfants passaient r?guli?rement leurs vacances d’?t? chez leurs grands-parents paternels en France. A la fin de […]
Cour d’appel de Luxembourg, 3 mai 2006, No de r?le 30793
L’affaire concernait un enfant d’un couple mari? d?plac? par la m?re de Pologne vers le Luxembourg ? l’insu du p?re, le 3 mai 2005. Le 10 novembre 2005, un juge de premi?re instance luxembourgeois avait d?bout? le p?re de sa demande de retour au motif que « renvoyer l’enfant en Pologne et […] le s?parer […]
Vigreux v. Michel [2006] EWCA Civ 630
The child, a boy, was removed from France to England on 14 August 2005, the day of his 14th birthday. The parents, who were not married, were separated. In January 2002 a French court had made an order for joint parental responsibility with the mother having residence, the father contact. The father appealed this order, […]
CA Paris, 30 mai 2006, No de RG 06/00395
Grave Risk – Art. 13(1)(b) The father argued that when his daughter was aged 7 she had been the victim of rape at the family residence by her mother’s live-in partner. He stated that he had filed a complaint in that regard in September 2004 in France. The Court found that the evidence produced by […]
Karkkainen v. Kovalchuk, 445 F.3d 280 (3rd Cir. 2006)
The application related to a girl born in Russia in April 1992. She lived in Russia with her parents until 1997 when the parents divorced. She then moved to Finland with her mother. Both parents remarried and the girl saw her father periodically visiting him in Europe or in the United States. The girl frequently […]
H.J. v. Secretary for Justice [2006] NZFLR 1005
The application concerned two children born on 2 May 1999 and 29 May 2000. The mother was a New Zealand citizen; the father, an Australian, was her stepson. Their relationship was intermittent and was characterized by the father’s violence against the mother. The mother removed the two children from Australia to New Zealand in February […]
5P.115/2006 /bnm, II. Zivilabteilung, Bundesgericht
The application related to a child born in 1999. The parents were married and the family lived in Italy. In June 2002 the mother took the child to Switzerland and refused to return. The father issued return proceedings and after a series of judgments the mother finally returned to Italy with the child. In December […]
D.W. & Director-General, Department of Child Safety [2006] FamCA 93, (2006) FLC 93-255; (2006) 34 Fam LR 656
The application related to a child born in May 2004 in Australia to an Australian mother and American father. The parents were not married. On 13 July 2004 the mother travelled with the child to the United States on a one-way ticket and moved into the home of the father. On 2 October mother and […]
CA Rouen, 9 mars 2006, No de RG 05/04340
L’affaire concernait un petit gar?on n? au Mexique en 2004. Ses parents ?taient mari?s et vivaient au Mexique. Le 7 juin 2005, la m?re alla en France avec l’enfant. Un mois plus tard, elle demanda le divorce. Le p?re demanda le retour de lenfant. Le 15 novembre 2005, le tribunal de grande instance de Rouen […]