Str??mblad v. Sweden (Application No 3684/07)
The proceedings related to a child born in Sweden in August 2003 to a Swedish father and a Ukrainian mother (with permanent residence permits in both the Czech Republic and Sweden), who subsequently acquired Swedish citizenship. In the summer of 2005 the mother took the child for an extended visit to see the maternal grandparents […]
Cass Civ 1?re, 12 avril 2012, Nº de pourvoi 11-20.357
Objections of the Child to a Return – Art. 13(2) The mother complained that the Court of Appeal had ruled without interviewing the two children, who had applied for it. The Supreme Court observed that the Court of Appeal had “rightly pointed out that interviewing a minor was contingent on the latter’s understanding” and that […]
CA Paris, 13 avril 2012, No de RG 12/0617
The case concerned two girls, born in 1998 and 2000, among four siblings. Their two elder brothers were of full age. The family lived in Belgium. In 2010, the parents divorced; parental authority was then exercised jointly but the daughters’ residence was set at their father’s home in Belgium. In June 2011, the father moved […]
Re S. (A Child) (Abduction: Rights of Custody) [2012] UKSC 10, [2012] 2 A.C. 257
The application concerned a child born on 13 November 2009 in Australia to an Australian father and a mother with dual British and Australian nationality. The parties were not married but had lived together between October 2008 and January 2011. Before meeting the mother, the father had been a heroin addict and between 2009 and […]
Cass Civ 1?re, 14 mars 2012, N? de pourvoi 11-17.011
The case concerned two children born in France in 2003 and 2004. In 2006, the family moved to Chile. The parents separated in April 2008. On 3 June 2010, the children travelled to France with their mother, who petitioned for divorce immediately on arrival. On 8 June 2010, the Santiago Court of Appeal upheld a […]
Central Authority for the Republic of South Africa, E, RC and M, A (11/39798; 2012/1096)
The proceedings concerned a child born in Australia in May 2007 to unmarried parents. The parents had met in 2000 in Kosovo where they were working as United Nations volunteers. Thereafter they led independent, peripatetic lives. After her birth, the child moved with the mother between Turkey, Australia and South Africa. Mother and child lived […]
Cass Civ 1?re, 29 f?vrier 2012, N? de pourvoi 11-15.613
Rights of Custody – Art. 3 The mother claimed among other pleas that a removal was wrongful if it occurred in breach of a right of custody granted by the law of the State of the child’s habitual residence immediately before its removal. But while the Court of Appeal had held that the child’s habitual […]
TV c. MB, Droit de la famille 1222, 2012 QCCA 21
The case concerned two children born in 2001 and 2005 to an American father and Canadian mother. The parents had cohabited for 10 years, until the father told the mother he had a mistress in June 2010. The parents’ versions of subsequent events differed. According to the father, he had asked the mother, who was […]
1Ob254/11a, Oberster Gerichtshof
The case concerned two children born in 2001 and 2003, living in Spain with their father since their parents’ divorce. After a period of exercise of the right of access in Austria, the mother failed to return the children to Spain. A few days before the end of the visit, the mother had applied to […]
X. v. Latvia (Application No 27853/09)
The application concerned a child born in Australia in February 2005 to a Latvian mother and an Australian father. The mother had met the father in early 2004 and moved into his flat at the end of the year when she was in a late stage of pregnancy. The relationship between the parties deteriorated. The […]