S?nchez-Londo?o v. Gonz?lez, 752 F.3d 533 (1st Cir. 2014)

INCADAT legal file Hague parental abduction

The proceedings concerned a child born in the United States of America in October 2006. The mother, an illegal immigrant from Colombia, and the father, a naturalized U.S. citizen, had married in December 2005. In December 2008, the mother went back to Colombia with the child in an attempt to secure legal status to reside […]

Blaga v. Romania (Application No 54443/10)

INCADAT legal file Hague parental abduction

The proceedings related to three children, all of whom had dual American and Romanian citizenship, who were born in March 1998 and October 2000 (twins). The parents, who had married and lived in the United States, also held dual Romanian-U.S. citizenship. On 1 May 2007, the Superior Court of Forsyth County in the United States […]

Re R (A Child) [2014] EWHC 2802 (Fam)

INCADAT legal file Hague parental abduction

The proceedings related to a Japanese child aged 7 who was born to Japanese parents. The parents married in September 2005 and separated in April 2013, whereupon they reached an agreement through mediation with the Family Court in Tokyo. This was entered onto the court record and provided that the mother would have primary care, […]

Dar?n v. Olivero-Huffman, 746 F.3d 1 (1st Cir. 2014)

INCADAT legal file Hague parental abduction

The proceedings related to a child born in Argentina in April 2008 to an Argentine father and an American mother from Puerto Rico. The child moved regularly between Argentina and the United States of America. The parents’ relationship was characterized by periods of separation and reconciliation. There was one incident in 2010 where the mother […]

Tribunal d’arrondissement de Luxembourg, 28 mars 2014, R?f?r? No 210/2014

INCADAT legal file Hague parental abduction

L’affaire concernait une enfant n?e en Su?de de parents mari?s. Le 31 aout 2012, le divorce des parents fut prononc? par un tribunal su?dois. Les parents continu?rent ? exercer conjointement l’autorit? parentale, l’enfant habitant alternativement chez chacun des parents. Le p?re retourna vivre au Luxembourg et y habita avec sa nouvelle ?pouse ? partir du […]

Re KP (A Child) [2014] EWCA 554

INCADAT legal file Hague parental abduction

The proceedings concerned a Maltese child born in September 2000. With the exception of two periods of separation, the parents, both Maltese, cohabited from 1999 until April 2013. On 12 June 2013, the mother brought the child to England, without the knowledge or consent of the father. Mother and child moved in with the maternal […]

Tribunal d’arrondissement de Luxembourg, 10 mars 2014, R?f?r? No 165/2014

INCADAT legal file Hague parental abduction

L’affaire concernait un enfant n? en 2003 au Portugal, de parents mari?s. Les parents d?m?nag?rent aux Pays-Bas en d?cembre 2006. En juillet 2007, la m?re retourna vivre au Portugal avec l’enfant. Elle y demanda le divorce. Le 15 novembre 2007, le divorce par consentement mutuel des parents fut prononc? au Portugal. La garde de l’enfant […]

Schleswig Holsteinisches Oberlandesgericht, 12 UF 169/13, 08 January 2014

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 The parents have joint custody of their daughter. There is no evidence of the (implied) consent of the father to the daughter being taken to Germany permanently. For a child to be deemed to have been taken abroad illegally, there is no requirement that this must have been done […]

Karlsruhe Higher Regional Court, 2 UF 266/14, 16 December 2014

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 As provided for by Hungarian law, the parents had joint custody of their son. His place of habitual residence was in Hungary, where he had lived since birth. The father had been exercising his rights of custody. The court emphasised that no unnecessarily high demands could be made of […]