Harris v. Harris [2010] FamCAFC 221, (2010) FLC 93-454
The application concerned a child born in 2007 in Norway to an Australian mother and a Norwegian father. The parents had married in Australia in November 2006 and moved to Norway in December 2006. Except for holidays in Australia, this is where they lived until the child’s removal in November 2008. The marriage was characterised […]
EL v The Director: The Department of International Relations And Co-Operation 2010 JDR 1479 (ECP)
The application related to a child born in South Africa in August 2005. The parents had married in South Africa in September 2003. Difficulties arose between them shortly thereafter, which the mother attributed to cultural differences (the father was Chinese). In February 2006, the mother discovered that the father was involved in certain criminal activities. […]
Ryan v. Ryan
The application related to two children born on 31 October 2001and 21 June 2005 to a Canadian mother and an American father. The parents had married after the birth of their first child and now lived in Vermont. In June 2010, the mother went to Newfoundland and Labrador with the children for a holiday. The […]
G. M. E. M. c. J. D. D. S. s/ reintegro de hijos
The case concerned two children, born in March 2005 and August 2006, whose parents had gotten married in 2004. On 3 January 2011, the father left Spain, where the family had their habitual residence, and travelled to Peru with the children. On 6 January, the mother travelled to Peru to get the children back to […]
Raban v. Romania (Application No 25437/08)
The proceedings related to two children born in Israel in 2003 and 2004 respectively. They had lived there with their married parents until 27 April 2006, when their Romanian mother took them to her home country for an extended visit. It was the case of the Israeli/Dutch father that the visit was for a fixed […]
Riigikohus – Tsiviilkolleegium, 28 September 2010, Case No 3-2-1-66-10
The proceedings related to a child born in London in May 2009. The parents had met 10 months previously and had planned to live in Estonia upon the birth of their child. However, prior to the birth the mother was, for medical reasons, not permitted to fly to Estonia from the UK where she had […]
J. McB. v. L.E. (C-400/10 PPU)
Rights of Custody – Art. 3 The Court noted that the concept of ‘rights of custody’ was defined in Article 2(9) of Council Regulation 2201/2003 and so was an autonomous concept, independent of the law of Member States. However, pursuant to Article 2(11), the wrongfulness of a removal or retention was entirely dependent on the […]
CA Paris, 14 octobre 2010, No de RG 10/17238
The case concerned a girl born in Israel in 2008 to married parents. She had lived there with her parents until December 2009, when the mother moved to France with the child. On 11 August 2010, the family judge of the Tribunal de Grande Instance of Paris held that the child’s removal was not wrongful […]
Cass Civ 1?re, 20 octobre 2010; No de RG 08-21161
The case concerned two girls born in 1995 and 1997. The family lived in Italy. After the parents’ separation in 2004, an Italian court awarded sole custody to the mother and a right of access on Italian territory to the father. In 2007, the father took the children to France. The children’s return to Italy […]
Achakzad v. Zemaryalai, [2011] W.D.F.L. 2
The application related to a child born in California on 14 July 2004. The parents, who were first cousins, had been born in Afghanistan but had emigrated to North America as children, the father to California, the mother to Toronto. Their marriage in July 2001 had been arranged by their families. The marriage was characterised […]