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 […]
Ludwig v. Ludwig, 2019 ONCA 680
The father, a German citizen, and the mother, a Canadian citizen, married in 2001 and had four children (born in 2003, 2005, 2006 and 2009). They lived almost exclusively in Germany from their marriage until August 3, 2017, when they moved with their children to Ontario, Canada. The father entered Canada as a visitor and […]
05-J2(230)-2012-3
The parents got married in 2005 in California, United States of America. The couple had two children: a boy in 2008, and a girl in 2010. In 2005, the mother was diagnosed with a malignant brain tumor and had difficulties regarding the care of her children. In April 2010, the parents decided to grant an […]
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 […]
X v Y
The mother and father met in 2016 in Spain. At that time the father was renting an apartment in Spain and had de-registered from the Municipal Personal Records Database in the Netherlands in 2014. The father lead an international (business) life. For a while, the mother took care of the father’s two daughters from his […]
CASE OF O.C.I. AND OTHERS v. ROMANIA (Application no. 49450/17)
The mother, a Romanian national, and father, an Italian national, were married and lived together in Italy. They had two children born in 2008 and 2010. On 12 June 2015 the family went to Romania for their summer holiday. The father returned to Italy a few days later, expecting to collect the mother and children […]
VLADIMIR USHAKOV v. RUSSIA (Application no. 15122/17)
Hague return case from Ukraine to the United Kingdom No 2-4237/12
The application related to a boy aged 6 months, born in the UK to a British father and a Ukrainian mother. The child lived in England with his parents until April 2012 and the parents had joint custody under British law. In April 2012 the parents travelled to Ukraine with the child to visit the […]
Decision of the Federal Supreme Court 5A_846/2018 of 6 November 2018
Par requ?te, d?pos?e le 19 septembre 2018 devant la Chambre civile de la Cour de justice de la R?publique et canton de Gen?ve, le requ?rant a conclu, par r?f?rence ? la Convention de La Haye du 25 octobre 1980 sur les aspects civils de l’enl?vement international d’enfants, au retour imm?diat en France ses enfants. Les […]
X. (the mother) against Y. (the father)
Grave Risk – Art. 13(1)(b) The mother claimed that during her relationship with the father she was regularly exposed to domestic violence in presence of the child. If the child were to return to Australia this would place her in an intolerable situation as referred to in Article 13(1)(b) of the Convention. The father explicitly […]