Re D. (Article 13B: Non-return) [2006] EWCA Civ 146
Grave Risk – Art. 13(1)(b) Central to the finding of the High Court was the fact that in June 2005 the mother was the vicitim of a pre-meditated and targeted shooting while the father had also been the victim of attacks. The judge therefore concluded that the children were in danger of physical injury if […]
R. v. R. [2006] IESC 7
The children were aged 4 1/2 and 2 at the date of the alleged wrongful retention. They had lived all of their lives in the United States with their parents. In January 2005 they travelled to Ireland with their mother. The nature of this trip was the subject of dispute between the parents: it was […]
Eskinazi and Chelouche v. Turkey (Application No 14600/05)
The case related to a girl born in 2000 in Israel to a Franco-Turkish mother and a Franco-Israeli father. The girl possessed French, Israeli and Turkish nationalities. The parents were married and travelled frequently with their daughter between the three countries. On 8 April 2004 the mother took her daughter to Turkey for a ten […]
Family Advocate, Cape Town v. Chirume
The application related to a child born in London in 2002 to Zimbabwean parents. The parents had married in September 2001. The following month the father moved to the United Kingdom to take up employment. The mother moved there in January 2002, though subsequently returned to Zimbabwe for a short period to complete exams. Following […]
Karadžic v. Croatia, Application No. 35030/04, (2005) 44 EHRR 896
Issues Relating to Return Enforcement The mother complained that the inefficiency of the Croatian authorities and, in particular, the prolonged failure to enforce the Porec Municipal Court’s decision of 12 May 2003 to reunite her with her son violated her right to respect for family life as provided in Article 8 of the Convention. The […]
S.A.G. s/restitucion internacional solicita restitucion de la menor
Non-Convention Issues – Procedural Matters The case lasted approximately four years and ten months from the moment the father initiated the proceedings for the return of the child until the Supreme Court of Justice ordered the return. In accordance with the suggestion of the Attorney and prior to the final decision, the Court exceptionally ordered […]
State Central Authority v. CR [2005] Fam CA 1050
The application related to a young child, a boy, who was born in Australia in October 2003. The Australian mother and American father met via the Internet early in 2002. The mother flew to America to meet the father in June 2002, returning to Australia in July 2002. She returned to America in September 2002 […]
5P_367/2005/ast, II. Zivilabteilung, arr?t du TF du 15 novembre 2005
R?sidence habituelle – art. 3 Apr?s avoir rappel? qu’en cas de recours de droit public fond? sur une violation conventionnelle, il n’appartient au tribunal f?d?ral que de v?rifier l’absence d’arbitraire dans l’appr?ciation des faits par un tribunal inf?rieur, le tribunal d?cida que la cour d’appel n’avait pas commis d’erreur manifeste ni de confusion lorsqu’elle avait […]
Director-General, Department of Child Safety v. Stratford [2005] Fam CA 1115, (2005) FLC 93-249
The application related to a baby girl who was 9 months old at the date of the alleged wrongful removal. She was born and lived in England, but had also spent 4 months in Australia. The parents were not married and separated a few months after the birth. On 6 September 2004 the mother unilaterally […]
In the records of application no. 774/2005 of the 17 August 2005 submitted by the Director for Standards of Social Welfare
The application related to two siblings, a boy born in 2000 and a girl born in 2003. The parents had married in Malta in 1999. The father was born in Melbourne but had dual Maltese and Australian citizenship. The mother was born in Malta. The family lived in Malta until 2002 and then decided to […]