Lombardi v. Mehnert, 2008 ONCJ 164
The application concerned a child born in New York on 18 May 2007. The parents had been in an on off relationship since October 2004 and had lived together only briefly. They were unmarried. The relationship was characterised by the father’s verbal and physical abuse of the mother and his persistent breach of protection orders. […]
Procedure for Return of Child, Case No. 1313/2007, instituted by A.C. B.I. against P.R.I.P
Aims of the Convention – Preamble, Arts 1 and 2 The purpose of the Convention is to guarantee the immediate return of wrongfully removed and retained children. Grave Risk – Art. 13(1)(b) The court understood that the opposition to the return and the mere allegation of the existence of an imminent physical or psychological danger […]
5A.713/2007 Bundesgericht, II. Zivilabteilung, 28/2/2008
L’affaire concernait un gar?on qui ?tait n? et avait v?cu les premiers mois de sa vie en Afrique du Sud. Ses parents n’?taient pas mari?s et s’?taient s?par?s en avril 2006. A partir de juin 2006, les parents entam?rent des proc?dures en vue de r?gler la question de la garde de l’enfant. Le 14 octobre […]
Kufner v. Kufner, 519 F.3d 33 (1st Cir. 2008)
Removal and Retention – Arts 3 and 12 The mother argued that the removal was not wrongful as she had brought the younger son to the US for medical treatment. The Court held that this was irrelevant for purposes of the wrongful removal determination because the analysis turned on whether the removal was consistent with […]
T.M. c. R.P., Droit de la famille – 08693, Cour sup?rieure de Montr?al, 28 mars 2008, N?500-04-047104-089
The application concerned a daughter born in 2001. Shorty after her birth, the parents, from different countries, settled together in Country A. The family lived there until December 2006. On that date, the mother and the child went to Canada with the consent of the father to visit the grandparents.They were expected to return to […]
N? de r?le : 08/1819/A r?f, Tribunal de premi?re instance de Bruxelles 22 f?vrier 2008
Translation in progress – please refer to the French version.
B. v. Secretary for Justice [2008] NZFLR 723
Procedural Matters The judge noted that where a litigant sought to revisit a finding on the basis of new evidence this had to be done by way of appeal. In the present case this was not the mother’s object, she wished to challenge the implementation of the order on the ground that an 8 month […]
Hoole v. Hoole, 2008 BCSC 1248 (10 January 2008)
Procedural Matters On 8 January 2008 the Oregon Circuit Court sought to initiate direct communication with the Supreme Court of British Colombia. This was in accordance with the Oregon rules which provided that upon being informed of a child custody proceeding having been commenced in another court, the relevant Oregon court shall communicate with the […]
CA Lyon, 17 janvier 2008, No de RG 06/05749
The application concerned a child born in France of a French father and Peruvian mother in 2000. The family apparently lived in Peru. In 2006, the father started divorce proceedings in France. On June 7, 2006, a Lyon tribunal found that the parents exercised joint parental authority over the minor child and set his habitual […]
Pielage v. McConnell, 516 F.3d 1282 (11th Cir. 2008)
Habitual Residence – Art. 3 The mother maintained that the child was habitually resident in the Netherlands at all times. This was not disputed by either court, but the 11th Circuit noted that the child had spent 10 of his first 12 months living in Alabama. Removal and Retention – Arts 3 and 12 The […]