Re F. (Abduction: Joinder of Child as Party) [2007] EWCA Civ 393

INCADAT legal file Hague parental abduction

The application related to a 7 year old girl who was raised in Spain. The English mother and Spanish father had had a turbulent relationship which ended in the summer of 2005. At this time mother and child left the matrimonial home but continued to live in the vicinity. The parents subsequently agreed that the […]

Cass Civ 1?re 12 d?cembre 2006 (N? de pourvoi : 06-13177)

INCADAT legal file Hague parental abduction

L’enfant en cause ?tait n?e en 1996. Elle vivait aux Etats-Unis. En d?cembre 2003, la m?re emmena l’enfant en France. Le 5 mai 2004, un formulaire de demande d’assistance au titre de la Convention de La Haye fut rempli par le p?re. Le 23 mai 2004, l’Autorit? centrale fran?aise accusa r?ception de ce formulaire. Courant […]

Family Appeal 001109/06, G.H. v G.Y.

INCADAT legal file Hague parental abduction

The application related to a child, who was 2 1/2 years old at the time of the alleged wrongful removal and who was born and raised in Israel. During the summer of 2005, the mother took the child to the U.S. informing the father they would return on 2 September 2005. Two days before this […]

Canada (Citizenship and Immigration) v. Garcia, 2007 FCA 75, [2008] 1 F.C.R. 322

INCADAT legal file Hague parental abduction

The proceedings related to a mother and two sons who came to Canada from Mexico and claimed refugee status under the Immigration and Refugee Protection Act (IRPA). In June 2004 the Quebec Court of Appeal issued a non-return order in a Hague Convention application for return of one of the boys, on the basis that […]

J. E. M. D. c. M. de J. B s / reintegro de hijo

INCADAT legal file Hague parental abduction

The proceedings concerned a child who had travelled with her mother from Nicaragua to Panama without the father’s consent. The father requested the return of the girl before the Central Authority of Nicaragua, which then informed the Central Authority of Panama. The First Instance Court (Juzgado Segundo de Ni?ez y Adolescencia) ordered the return and […]

Bajrami v. Albania (Application no. 35853/04)

INCADAT legal file Hague parental abduction

The application related to a child born in January 1997 to a Kosovan father and an Albanian mother. The spouses separated in 1998 and the mother took the child to the maternal grandparents’ home in Albania. On 6 May 1999, using forged documents, the mother remarried, although not divorced from the father. On 15 September […]

Re D. (A Child) (Abduction: Rights of Custody) [2006] UKHL 51

INCADAT legal file Hague parental abduction

The application related to a boy born in Romania in July 1998. The parents were divorced and the mother was granted the primary role of care for the child. In the autumn of 2002 the mother moved to the United Kingdom, got married and commenced a degree course. The child remained in Romania and was […]

CA Toulouse, 28 novembre 2006, No de RG 1121

INCADAT legal file Hague parental abduction

The child at issue is a girl born in June 2000. The family lived in Montr?al, Canada. After their separation, the parents decided that the mother would have physical custody of the child. That agreement was upheld by the courts in November 2005. On 18 January 2006 the mother took the child to France. The […]