Decision of the Federal Supreme Court 5A_1021/2017 of 8 march 2018

INCADAT legal file Hague parental abduction

R?sidence habituelle – art. 3 Le principe du recours exclusif au rattachement ? la r?sidence habituelle de l’enfant, consacr? notamment dans la CLaH80, s’oppose ? ce qu’un enfant jouisse, d’un point de vue juridique au moins, de plusieurs r?sidences habituelles. En revanche, un enfant peut avoir « deux r?sidences habituelles alternatives et successives », en […]

2017 (Ju) No. 2015 Case of a request for Habeas Corpus relief

INCADAT legal file Hague parental abduction

The parents are both Japanese nationals. After their marriage, they first resided in Japan. The first son was born there in 1996 and the daughter in 1998. After the entire family moved to the United States, the second son was born there in 2004. He is a national of Japan and the United States. In […]

In the matter of C (Children) [2018] UKSC 8

INCADAT legal file Hague parental abduction

The mother and father met and married in Australia. The mother was a British national and the father an Australian national. Their two children were born in 2012 and 2014, and during the latter stages of the mother’s maternity leave, the marriage was in difficulties. The father agreed the mother could travel to England with […]

2017 (Ra) No. 525 Appeal case against an order to return the child

INCADAT legal file Hague parental abduction

The father is a United States national, the mother a Japanese national. They met in Japan while the father was serving for a United States military base and married in Japan in 2012. The couple lived with the mother’s son from her previous marriage in Japan. The father returned to the United States, followed by […]

FE v YE [2017] EWHC 2165 (Fam)

INCADAT legal file Hague parental abduction

The parents married in June 1993 and have four children. The current application concerns two of the children, twins, aged 7. The family lived in Israel until June 2016, when the mother, the daughter and the twins went on holiday to Thailand. They did not return when booked to do so in July, 2016 and […]

2017 (Ra) No. 742 Appeal case against an order of the return of a child

INCADAT legal file Hague parental abduction

Grave Risk – Art. 13(1)(b) Firstly, the mother contended that the father was exercising violence, creating a grave risk of harm to her life and body, and may well continue exercising such violence in a way that would expose the daughter to psychological harm by witnessing it (given that the Singaporean personal protection order allegedly […]

Decision of the Federal Supreme Court 5A_666/2017 of 27 September 2017

INCADAT legal file Hague parental abduction

Shortly after the birth of the child in Switzerland, the unmarried parents moved to Spain, where they lived in a shared household for several years. In 2011, the parents separated and had alternating custody. At the end of January / beginning of February 2016, the mother moved with the child to Switzerland without the father’s […]