5A_535/2010, II. zivilrechtliche Abteilung, arr?t du TF du 10 ao?t 2010
The case concerned twins born in October 2007. It was not disputed that the family had lived together in Spain until mid-2008. According to the mother, starting at that time, there was the beginning of a move to Switzerland; according to the father, the family had continued to reside in Spain. On 11 March 2010, […]
Motion for Leave to Appeal (Family Matters) 5690/10
The proceedings concerned a child born in January 2003 to an unmarried father of Chinese origin, resident in the United States of America, and a mother with dual American and Israeli citizenship. In 2005, a Nevada court provided the parents with joint custody, with the mother having physical care of the child. On 1 February […]
MHS v. PIW [2010] NZHC 1462
The proceedings concerned a child born in Australia in August 2006, to an Australian father and a Maori (New Zealand) mother. The parents, who were not married, had a volatile relationship. They separated in the latter part of 2008, agreeing that the child would live with the mother during the week and with the father […]
5A_436/2010, II. zivilrechtliche Abteilung, arr?t du TF du 8 juillet 2010
Consent – Art. 13(1)(a) The father asserted the mother’s consent to the children’s settlement in Switzerland. The Federal Tribunal stated that the issue of consent was not, contrary to the father’s claim, an issue of the Convention’s applicability. The Convention was applicable as the father had removed the children, habitually resident in Croatia, to Switzerland […]
2Ob90/10i, Oberster Gerichtshof
The case concerned a child born in 2007 as a result of a relationship between a Spanish man and a Serbian woman. The family lived in Spain. On 1 July 2008, the mother took the child to Austria, then to Serbia and again to Austria. She had previously demanded the father to consent in writing […]
5A_441/2010, IIe cour de droit civil, arr?t du TF du 7 juillet 2010
Droit de garde – art. 3 Le Tribunal f?d?ral, citant les articles 3 & 5 de la Convention de la Haye de 1980, indiqua que pour conna?tre l’attributaire du droit de garde, il convenait de se r?f?rer uniquement ? l’ordre juridique de l’??tat de la r?sidence habituelle de l’enfant au moment du d?placement. Il indiqua […]
Cass Civ 1?re 8 Juillet 2010, N? de pourvoi 09-66406
The two boys were born in 1995 and 1997. Pursuant to the parents’ divorce in 2001, the children’s residence was set with their mother in England. When exercising a right of access and accommodation at the father’s domicile in France, the father did not return the children as scheduled on 3 January 2009, in reliance […]
Re C. (A Child) [2010] EWCA Civ 832
The proceedings related to a child born in December 2009. In the six months prior to the birth, the parents, who had married in June 2008, had been living apart, the father in France, the mother in England. The parents’ relationship was described as fluctuating. The father did make two visits to England and attended […]
Neulinger and Shuruk v. Switzerland (Application No 41615/07), Grand Chamber
The application related to a child born in Israel in 2003 to a Swiss mother and an Israeli father. The parents had married in Israel in 2001. After the birth, the mother alleged that the father had joined a radical, ultra-orthodox Jewish sect. Given her fears that the father would take the child abroad to […]
RE A. (Removal Outside Jurisdiction: Habitual Residence) [2010] EWHC 1113 (Fam); [2010] Fam. Law 1257
The application related to children born in England in late 2007 to married Cameroonian parents. The family lived with the paternal grandmother. It was the mother’s case that she had been abused by both the father and the grandmother. In November 2008 the children went to Cameroon with the paternal grandmother. The mother submitted that […]