E.M. (Lebanon) v. Secretary of State for the Home Department [2008] UKHL 64, [2008] 3 W.L.R. 931
The proceedings, which were in the context of immigration and asylum law rather than child abduction law, related to a Lebanese mother and child, the latter born in July 1996. They had travelled to the United Kingdom in December 2004 ostensibly to escape the consequences of the Lebanese family justice system. Once in the United […]
Cour de cassation 30/10/2008, C.G. c. B.S., N? de r?le: C.06.0619.F
Les deux enfants, n?s en 1989 et 1990, avaient v?cu jusqu’en 1996 en Argentine. Depuis le divorce de leurs parents, ils vivaient avec la m?re mais la garde ?tait conjointe. En 1996, la m?re fut judiciairement autoris?e ? passer deux semaines aux ??tats-Unis avec les enfants. A l’issue de ce s?jour elle ne rentra pas […]
FamA 130/08, H v H
The English father and Israeli mother married in Israel and their son was born in 2003. The father was finding it difficult to make a living in Israel. He found work in England and so the parties decided to move to England for a trial period of two years. They arrived in England on 27 […]
Koons c. Italie (Requ?te No 68183/01)
The case concerned a child born in the USA in 1992. The parents’ marriage had been troubled very soon. As early as 27 December 1993, when in Rome with his mother, the child was taken to the USA by his father, who immediately applied for divorce and custody there. The mother travelled to New York. […]
Helsinki Court of Appeal, 1 October 2008, Decision No 2764
Habitual Residence – Art. 3 The parents presented contrasting cases as to the nature of the move to Scotland. For the mother it was a two week holiday which had been extended. She sought to support her case by arguing that there had been no change of address filed with the Finnish population register, no […]
CA Reims, 2 octobre 2008, No de RG 08/2336
La demande concernait deux filles n?es en 1995 et 1997. Selon le p?re, ses filles s’?taient r?fugi?es chez lui en juillet 2007. A la suite de la demande de retour de la m?re, le juge aux affaires familiales du TGI de Reims pronon?a un sursis ? statuer sur le retour des filles en Italie aupr?s […]
Re F. (Children) (Abduction: Removal Outside Jurisdiction) [2008] EWCA Civ. 854
The application related to two sisters born in Africa in 1999 and 2002. The family led a peripatetic existence before settling in Mozambique in 2003/4. The parents were married. In August 2005 the mother took the girls to the United Kingdom for the purpose of a vacation. However, she went to ground soon after her […]
CA Paris, 8 ao?t 2008, Nos de RG 08/05791 et 08/07826
The application concerned two children born in 1997 and 2003 to married parents. The family, of Turkish origin, had been living in the Netherlands since 2000. In September 2006, following dissension between the couple, the mother moved to France with the children. The French Public Prosecutor initiated return proceedings on December 3, 2007 and the […]
Central Authority v. B 2009 (1) SA 624 (W)
The proceedings concerned a child born in October 2004 in the United States of America to a South African mother and an American mother. The parents were married and the family lived in Illinois, United States of America, until the mother took the child to South Africa on 13 May 2006. The reasons for the […]
2008 QCCS 3562, Superior Court of Qu?bec (District of Montreal)
The children, two girls and one boy, were 4, 9 and 12 years old at the time of the alleged wrongful removal. The mother had lived with the biological father of the two younger children for 12 years, first in Canada and since 2001 in Florida. They had married in 1998. In May 2008, the […]