E.S. v. A.J. [2010] EWHC 1113 (Fam.)
The application related to twins born in England in 2007 to parents of Cameroonian origin. In November 2008 the twins were sent to live in Cameroon. They were accompanied by the paternal grandmother, whilst the mother had accompanied the party to the airport. The mother’s case was that sending the children abroad had been against […]
FS 12-11269/2010
Habitual Residence – Art. 3 In this case the issue was whether the boy’s habitual residence was in Finland or Denmark. The court ruled that the boy had not changed his habitual residence to Finland. The only indication that the boy had changed habitual residence was on the form for the National Register of Persons […]
The return of a wrongfully retained minor back to the Federal Republic of Germany (Case No. 2. 187-10)
The child was born in 2005 in Germany. Her mother is a citizen of Georgia and her father is a citizen of Germany. The couple married in 2003. According to Section 1626 of the German Civil Code, both parents had joint custody. The family lived together in their flat in Berlin and both parents exercised […]
B-1158-10
The child, a boy, was 6 months old at the time of the alleged wrongful removal. He was born in Norway in June 2008. The family had lived together in Norway until the mother moved back to Denmark, her state of origin, in January 2009. The parents met for the first time 16 years ago. […]
Cour de cassation, 6 mai 2010, No 32/10
The case concerned two children. The family lived in Luxembourg since their birth. The mother decided to move to France with the children. The father applied for the children’s custody and their return. His application was dismissed by the Court of Appeal, and he appealed to the Cour de cassation.
Macready c. R?publique tch?que (Requ?tes Nos 4824/06 et 15512/07)
The case concerned a child born in the United States of America in December 2002. In early 2004, the father petitioned for divorce. A Court ruled on a provisional basis and awarded joint custody of the child, who was to share his time between his mother and father, and enjoined the mother from leaving the […]
Central Authority of the Republic of South Africa and Another v LG 2011 (2) SA 386 (GNP)
Consent – Art. 13(1)(a) The Court found that on the facts the father had consented to the child living in South Africa permanently. The father may have harboured hopes that the mother would return to the United Kingdom despite the parties having agreed on separation and divorce, but this did not detract from the fact […]
5A_154/2010, II. zivilrechtliche Abteilung, arr?t du TF du 29 avril 2010
The case concerned a boy born in Pennsylvania (United States of America) in April 2007. Relations between the parents were stormy and the mother left the family home with the child. By rulings in late December 2007 and early January 2008, a US court ordered joint parental authority, awarded physical custody of the child to […]
Nicolson v. Pappalardo, 605 F.3d 100 (1st Cir. 2010)
The proceedings concerned a child born in December 2008 to an American mother and an Australian father. The parents had met in Australia whilst the mother was travelling there. The mother became pregnant and returned to the United States of America. After her return, the father proposed marriage and the couple married in Australia in […]
State Central Authority & Quang [2010] FamCA 231
The application related to two children, one born in Spain in August 2005, the other in Australia in January 2007. The parents had lived together in Spain from May 2004 until late October 2006. In December 2006 the parents signed an agreement on parenting and financial matters which was formally approved in March 2007. Under […]