Stochlak c. Pologne (Requ?te No 38273/02)
The case concerned a child born in 1993 in Canada, where her parents resided. In 1996, the family went to Poland on holiday. During that stay, the mother, who had Polish roots, informed the father that she had decided to live in Poland with the child permanently. On 18 December 1996, the Family Court of […]
1Ob163/09s, Oberster Gerichtshof
The daughter was born in Austria in 2000. 3 months later, after the parent’s wedding, the family returned to settle in Spain. The father started isolating the mother and set up a sectarian movement, considering himself to be a messenger of God. He started to beat the mother, always in the presence of the child, […]
1Ob176/09b, Oberster Gerichtshof
The case concerned twins of a Franco-Austrian mother and French father who were not married. The family had lived in France until December 2008. The father was violent towards the mother but it had not been demonstrated that he had been violent towards the children, or that he had sexually abused them. The mother took […]
CA Bourges, 6 ao?t 2009, No de r?le 09/01061
9Ob59/09f, Oberster Gerichtshof
The child was born in 2004 in the United States of America. Her parents were opera singers and had joint custody. The child lived in California for three years and then in Pennsylvania for some time at her grandparents’ home, always with her parents. On 14 September 2007 the family left for Austria, where it […]
Foster v. Foster, 654 F.Supp.2d 348 (W. D. Pennsylvania, 2009)
The application related to the adopted son of the Petitioner and Respondent. The adopters had married in Florida in 1988 and had lived in Canada since 1998. The child was born on 28 October 2000 in Canada to a mutual friend of the parents who had asked if they would adopt him. The mother alleged […]
6Ob181/09z, Oberster Gerichtshof
L’affaire concernait un enfant n? en 1993 et qui vivait en Espagne. A une date non pr?cis?e, le p?re avait emmen? l’enfant en Autriche. Le p?re et l’enfant saisirent la justice autrichienne d’une demande tendant ? ce que la garde soit retir?e ? la m?re et accord?e au p?re. La m?re forma un recours devant […]
Achakzad v. Zemaryalai, 2009 CarswellOnt 5615
The child, a boy, was 4 years old at the time of his alleged wrongful removal from California to Ontario by the mother. On 10 November 2008, the mother was allegedly assaulted by the father. On 15 November 2008 she left the United States and brought the child to Canada. Criminal charges were laid against […]
2Ob103/09z, Oberster Gerichtshof
Risque grave – art. 13(1)(b) Le p?re contestait une grande partie des constatations de la cour d’appel et en particulier niait l’id?e qu’une mise en danger du bien ?tre de l’enfant r?sulterait d’un retour ? Santorin et d’une s?paration de sa m?re. La Cour supr?me observa que la cour d’appel avait ?galement consid?r? qu’un retour […]
5A_427/2009, IIe cour civile, arr?t du TF du 27 juillet 2009
L’affaire concernait une petite fille n?e en Suisse en septembre 2007 de p?re fran?ais et de m?re portugaise. Le p?re ?tait domicili? en France et la m?re en Suisse. Juste avant la naissance de l’enfant, la m?re projeta d’aller s’?tablir en France. Elle r?silia son bail, d?m?nagea ses affaires en France fin novembre 2007 et […]