Mercredi v. Chaffe [2011] EWCA Civ. 272
The proceedings related to a child born in England in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time […]
Re A. and D. (Children) [2011] EWCA Civ 265
Habitual Residence – Art. 3 The mother’s primary argument was that the President had failed to consider that the agreement for the children to go to Cameroon was in any event conditional upon their subsequent return in February 2009. The Court of Appeal, however, rejected the criticism of the President’s assessment. Thorpe L.J. noted: “It […]
CA Lyon, 17 janvier 2011, No de RG 09/05813
The return application concerned a girl born in 2004 in Romania to Romanian parents. In November 2005, the parents divorced and custody of the child was awarded to the father. On 3 June 2006, the parents decided, as witnessed by a notary, to set up alternate custody, with each parent having care of the child […]
Dore c. Portugal (Requ?te No 775/08)
The case concerned a child born in London in 1999. After the parents’ separation in 2004, an English Court awarded them shared custody of the child. In February 2006, the mother took the child to Portugal without informing the father. In September, the British Central Authority sent an application for the child’s return. In March […]
Karoussiotis c. Portugal (Requ?te No 23205/08)
The case concerned a child born in Germany in 2001. Shortly after she was born, the father, a Portuguese national, was sentenced to a jail term before being deported in 2004. The parents had separated during the father’s imprisonment, but in January 2005, the mother travelled to Portugal to collect the child, who had visited […]
T.T. c. M.M., Droit de la Famille 103615, Cour sup?rieure de Roberval, 15 d?cembre 2010, 2010 QCCS 6585
Rights of Access – Art. 21 The mother used this provision to enable her to obtain legal aid in Quebec, as that province’s Central Authority is bound to assist a parent applying for enforcement of a judgment relating to custody or rights of access delivered in another jurisdiction in a situation involving two countries bound […]
Mercredi v. Chaffe (C-497/10 PPU)
The proceedings related to a child born in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time the father […]
Aguirre Zarraga v. Pelz (C?491/10 PPU)
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003) The CJEU noted that Regulation No 2201/2003 had set up a system whereby, in the event that there is a difference of opinion between the court where the child is habitually resident and the court where the child is wrongfully present, the former […]
Central Authority v MG 2010 JDR 1535 (GNP)
The proceedings related to a child born on 23 November 2008 to unmarried parents. On 29 May 2009, the child was taken from the United Kingdom, her place of habitual residence, to South Africa, by the mother. The father petitioned for the child’s return. Initially, the mother indicated that she was willing to return with […]
D.T. v. L.B.T. [2010] EWHC 3177 (Fam.)
Habitual Residence – Art. 3 For the Convention to apply the applicant father had to show that the children had acquired a habitual residence in Italy between 15 July 2009 and 4 April 2010. It was the mother’s case that she had been bullied into agreeing to relocate to Rome, and that she was profoundly […]