Djemba v. Ekwe, [2009] O.J. 2133
Habitual Residence – Art. 3 There was strong evidence the children were habitually resident in Austria immediately before their mother brought them to Canada. They had been living in Vienna with their father for eight months. Their mother also lived there during the majority of that period and the children spent roughly equal time with […]
Shortridge-Tsuchiya v. Tsuchiya, 2009 BCSC 541, [2009] B.C.W.L.D. 4138
The child, a boy, was 7 years of age at the time of alleged wrongful removal. He had been born in Japan to his Japanese father and Canadian mother. The child had Canadian and Japanese citizenship and was fluent in English and Japanese. In December 2007 the father told the mother that he would seek […]
CA Chamb?ry, 24 avril 2009, No de RG 09/00305
The application concerned a child born in New York in 2001. The family had lived in the United States of America until the father took the child to France in February 2006 to undergo surgery. They were supposed to return to the United States of America before 30 March 2006. As the father and child […]
Cour d’appel de Bruxelles, 5 mai 2009, No de r?le : 2008/JR/177
Habitual Residence – Art. 3 The Court pointed out that in accordance with the Belgian code of private international law, the Court seised is required to ascertain sua sponte that it has international jurisdiction when it observes an element of diversity in the dispute. It added that the connecting factor selected is that of the […]
2Ob78/09y, Oberster Gerichtshof
Habitual Residence – Art. 3 The habitual residence did not depend on the intention to stay permanently at one place but rather on the issue of where the person concerned chose to centre his/her economic and social existence. It is therefore appropriate to look at the practical, factual relationships of the person at his/her place […]
Court of First Instance of Agrinio (_________ ___________ ________), decision 340, 31 March 2009
The parents married in Greece where they subsequently had two children. The family lived in Greece. The parents subsequently experienced problems in their relationship and in 2006 the mother moved to Sweden with the children. In Sweden, the child to which the proceedings pertained, was enrolled in primary school and was entered on the population […]
5A_105/2009, II. zivilrechtliche Abteilung, arr?t du TF du 16 avril 2009
Removal and Retention – Arts 3 and 12 Having observed that the child’s habitual residence was unquestionably in the United States of America, the Federal Tribunal stated that there was no need to determine to what extent the father had ex lege a right protected by the Convention, since the removal’s wrongfulness was due to […]
CA Poitiers, 16 avril 2009, No de RG 09/00356
The children, two boys, were born in 1995 and 1997. Following the parent’s divorce in 2001, the residence of the children was set with their mother in England. After a visit with their father at his home in France in the context of his access rights, the father failed to bring the children back on […]
Neulinger and Shuruk v. Switzerland (Application No 41615/07)
The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]
M.P. c. J.K., Droit de la Famille 0957, Cour sup?rieure de Montr?al, 8 janvier 2009, 2009 QCCS 141
The case concerned a child born in Canada in 2003. The parents, who had lived together sporadically for a few years then regularly from December 2002 to November 2003, separated. The mother returned to Australia, her country of origin, in November 2003, with the child. The parents entered into several agreements concerning the child which […]