CA Rennes, 28 juin 2011, No de RG 11/02685
Rights of Custody – Art. 3 It was not disputed that, under Mexican family law, the parents exercised over their children parental authority which can be forfeited, in the situations listed by law, pursuant to a court ruling. According to the mother, the father had forfeited parental authority but she did not provide evidence of […]
A.M.R.I. v. K.E.R., 2011 ONCA 417
Acquiescence – Art. 13(1)(a) The Court noted that whilst delay was not generally sufficient to establish acquiescence, the exception still merited consideration. Grave Risk – Art. 13(1)(b) In the main part of its ruling the Court held that the child’s refugee status gave rise to a rebuttable presumption that her return to Mexico would expose […]
TV c. MB, Droit de la famille 111646, 2011 QCCS 2929
L’affaire concernait deux filles de 5 et 10 ans. La famille avait principalement v?cu aux Etats-Unis pendant leur vie commune, malgr? des s?jours annuels de tous les membres, s?par?ment ou en famille, au Qu?bec. La m?re et les filles avaient ?galement v?cu au Qu?bec pendant une certaine p?riode, jusqu’en 2008. Les parents se s?par?rent en […]
Supreme Court, Civil Chamber II, E. 2011/8304 K.2011/8799
The case concerned an application for the return of a child born in 2009, who was habitually resident in Finland. The child was removed from Finland to Turkey on 23 April 2010 by the mother. The father applied for the return of the child. The first instance Family Court decided that the child had been […]
5F_8/2010, IIe Cour de droit civil, arr?t du TF du 26 mai 2011
The case concerned a boy born in Israel in June 2003. The father having associated with a religious movement (Loubavitch), marital difficulties arose in the autumn of that year, then the parents separated. On 20 June 2004, a family court in the region of Tel Aviv barred the child from leaving the territory. The following […]
Helsinki Court of Appeal, 22 March 2011, Decision No 879
Habitual Residence – Art. 3 The mother argued that the child’s residence had at all times been in Finland and that the time spent in Canada had been temporary. It was her case that before the child’s birth she and the father had agreed to move to Finland. The father submitted that there had never […]
AHC v. CAC Custody [2011] NZFLR 677
The proceedings concerned three children aged 11, 9 and 7 at the time of the proceedings. They had been born and brought up in Northern Ireland by their Northern Irish father and New Zealand mother. After the parents encountered financial difficulties, they agreed that the mother would return to New Zealand to re-qualify to practice […]
Affaire K???k c. Turquie et Suisse (Requ?te No 33362/04)
The case concerned a child born in Turkey in 1997. After his parents’ divorce in 2001, the child was placed in his father’s sole custody, with the mother having rights of access. In July 2002, the mother and her brother left for a month’s holiday with the child. She failed to return the child to […]
CA Paris, 17 f?vrier 2011, No de RG 11/00507
The case concerned a child born in 2009. After her marriage to the father, the mother lived in France with the child, cohabiting with the father in Germany during monthly stays from October to December 2009. She was committed to a psychiatric institution in December in Germany and then returned to France alone, the child […]
Kubera v. Kubera, 2010 BCCA 118
The proceedings related to a child born in January 2000. The child lived with her parents in Poland until August 2003, whereupon the mother took her to Canada for a 3 month vacation. The stay was extended several times and the mother commenced a relationship in Canada. In December 2004 the mother advised the father […]