Cass Civ 1?re 9 juillet 2008 (N? de pourvoi 07-15402)
The application concerned two children who had their habitual residence in Portugal. On 5 May 2003 the father took the children to France and settled there. On 6 August 2004 the mother called upon the Portuguese Central Authority concerning a request for their return. On 19 October 2004, the Portuguese authorities indicated to their French […]
CA Dijon, 15 juillet 2008, No de RG 08/00923
Acquiescement – art. 13(1)(a) La cour estima que la m?re n’avait pas ?tabli que le p?re avait acquiesc? au non-retour. Il avait donn? son autorisation aux enfants de s?journer en France dans la perspective d’un s?jour temporaire. Risque grave – art. 13(1)(b) La Cour d’appel indiqua que ni le pass? d?lictuel lointain du p?re, ni […]
Vale v. Avila, 538 F.3d 581, (7th Cir. 2008)
The application related to twins born in Venezuela in 1999 to married Venezuelan parents. In 2005 the mother petitioned for divorce after meeting an American man via the internet. Pursuant to the divorce decree the mother was granted physical custody of the children but both parents were accorded the power of patria potestas. The father […]
N.J.C. v. N.P.C. [2008] CSIH 34, 2008 S.C. 571
Aims of the Convention – Preamble, Arts 1 and 2 The Inner House noted that submissions which in essence sought to argue that a return would not be in the best interests of the children, were out of place in Convention proceedings. The aim of the Convention was not to determine where the children’s best […]
Kilah v. Director-General, Department of Community Services [2008] FamCAFC 81, (2008) FLC 93-373; (2008) 39 Fam LR 431
The application related to four boys who were aged 10, 7, 5 and 3 years at the time of the appellate hearing. Until May 2006 they had spent their entire lives in Israel with their married parents. The mother was Australian and she had relocated to Israel for the purposes of her marriage. In 2005 […]
State Central Authority & Peddar [2008] FamCA 519
The application related to two children, born in April 1997 and April 1999 respectively. They had lived in Sweden with their parents until early 2004 when they relocated to Australia with their father. Prior to the move a district court in Sweden made an order with regard to access arrangements. This order was subsequently upheld […]
Duarte v. Bardales, 526 F.3d 563 (9th Cir. 2008)
The proceedings related to two children born in October 1996 and June 1998. Two older siblings, not subject of the proceedings, were born in October 1990 and October 1991. The parents, who never married, entered the United States of America from Mexico in 1990. In 2000, they separated and the mother took the four children […]
CA Paris, 22 mai 2008, No de RG 08/05966
The case concerned a child born in the United States in 2001. The family was habitually resident in Italy. In 2005 the mother wrongfully removed the child to France. On February 15, 2007, the Appeal Court of Paris ordered the return of the child (INCADAT Reference: HC/E/FR 979). The mother removed the child for a […]
Deak v. Romania and the United Kingdom, Application No. 19055/05, (2008) 47 E.H.R.R. 50
European Convention on Human Rights (ECHR) Article 8 Right to Family Life The father alleged that his right to family life under Article 8 of the Convention had been breached because the Romanian authorities had failed to take adequate steps to secure the enforcement of his access award. Furthermore the Romanian authorities were wrong to […]
5Ob17/08y, Oberster Gerichtshof, 1/4/2008
L’affaire concernait quatre enfants n?s en 1992, 1996, 1999 et 2001 de parents allemands. Les parents ?taient mari?s. Le 19 mai 2007, la m?re quitta le domicile conjugal et partit s’installer en Autriche avec les enfants. Son avocat informa le p?re moins d’une semaine plus tard qu’elle le quittait et allait provisoirement vivre avec les […]