Pohl v Pohl, 2019 ABCA 71
Habitual Residence – Art. 3 The Court of Appeal dismissed the father’s argument that the chambers judge erred by not first determining the child’s habitual residence before applying the 13(1)(b) exception. The Court of Appeal stated that in this instance, the determination of habitual residence would have not affected the outcome of the case: if […]
Monasky v Taglieri
Re P (Abduction: Child’s Objections) [2020] EWCA Civ 260
The mother and father are German nationals. They married in 2005 and had three children. The parents separated in 2012 and the children lived with the mother and had regular contact with the father. German social services became involved in 2014. Contact with the father stopped in 2015 and in 2016 he applied to the […]
BMC v BGC [2020] HKEC 372
Habitual Residence – Art. 3 Though a child can acquire ?habitual residence” within a very short time, it is really the quality of the child’s residence which is relevant. In the present case, there was no sufficient evidence that there was sufficient degree of integration by either the mother or the child in a social […]
Farsi v. Da Rocha, 2020 ONCA 92
The parents met in 2017 in Canada. The mother is a French citizen and the father a Portuguese citizen and permanent resident of Canada. They had a child in 2018, born in Toronto, where they lived together as a family until October 2018, when the child was six months old. At that time, her mother […]
K. K. J C/ P. C. .S S/ RESTITUCI?N INTERNACIONAL
Removal and Retention – Arts 3 and 12 The Supreme Court of Mendoza held that for wrongful removal or retention to exist, two elements must be present, a legal and a factual one. The first one requires that the removal or retention of the child be in violation of the sole or shared custody rights […]
Abou-Haidar v Sanin Vazquez USCA Case #19-7110
AG Karlsruhe 2 F 1701 19
Removal and Retention – Arts 3 and 12 The court was of the view that the mother was not authorized to move with the children to Germany without the father’s prior consent. The court’s emergency decision was not associated with permission to move with the children to Germany; furthermore, the decision was only provisional. The […]
Souza v. Krahn; Krahn v. Alves-Souza, 2019 MBQB 174
The father is a Brazilian citizen, but has lived in Massachusetts, United States, since 1999. The mother is a Canadian citizen and lives in Manitoba, Canada. She has four children from a previous marriage. The couple began a relationship online and met in-person for the first time in July 2014 when the mother travelled to […]
Decision of the Federal Supreme Court 5A_440/2019 of 2 July 2019
Rights of Custody – Art. 3 The question whether the mother actually exercised custody at the time of the removal of the children concerns Article 3(1)(b) and thus the illegality of the violation of custody. Article 3(1)(b) has to be read in the light of the Convention’s concern to establish the status quo ante; children […]