H.N. v. Poland, 13 September 2005
The application related to three children: a girl born in 1989, a boy born in 1992 and another girl born in 1994. The father was Norwegian, the mother Polish and the family had lived together in Norway. The mother also had another son born in 1980 from a previous marriage. In late 1994 the mother […]
Baxter v. Baxter, 423 F.3d 363 (3rd Cir. 2005)
The child, a boy, was 4 years old at the date of the alleged wrongful retention. Before travelling to the United States with his mother in September 2003 he had lived with his married parents in various remote parts of Australia and in Ireland. The last family home in Australia had been on Bathurst Island, […]
Ruling Nº393-05-F
The application related to a mother’s request for access. The child in question lived in the United Kingdom with the father. The mother and another sibling lived in Panama. On 4 November 2004 the High Court in London made a contact order in favour of the mother. To ensure that the terms of the order […]
Cass Civ 1?re, 13 juillet 2005, No de RG 05-10519
Grave Risk – Art. 13(1)(b) The Cour de cassation affirmed that Article 13(1)(b) could not give rise to an exception to an immediate return unless there was a risk of grave harm or the existence of an intolerable situation. It further recognised that Article 3(1) of the UNCRC had direct application in French law and […]
Bundesverfassungsgericht, 1 BvR 1465/05, 22 July 2005
L’affaire concernait un enfant n? en 1994. Les parents, s?par?s, avaient la garde conjointe, la r?sidence de l’enfant ayant ?t? octroy?e ? la m?re. Le 4 septembre 2004 le p?re emmena l’enfant en Allemagne (son lieu de r?sidence) dans le cadre de l’exercice de son droit de visite. Il ne ramena pas l’enfant en Belgique […]
Hunter v. Murrow [2005] EWCA Civ 976
The child, a boy, was almost 4 at the date of the alleged wrongful removal. He had spent his entire life in New Zealand. His parents were not married and had ended their relationship 8 months prior to the birth. Following the birth the father had regular contact with his son. In late September 2004 […]
Re J. (A child) (Return to foreign jurisdiction: convention rights), [2005] UKHL 40, [2006] 1 AC 80
The proceedings related to a young boy born in April 2000. His father was Saudi Arabian and his mother had joint British and Saudi Arabian nationality. The family home was in Saudi Arabia. The parents separated and divorced in 2001 but resumed cohabitation that same year and remarried in early 2002. In July 2002 the […]
Walley v. Walley [2005] EWCA Civ 910, [2005] 3 FCR 35
Undertakings The Court noted that the return order had been properly made, subject to a series of stringent conditions but the conditions had not been complied with. Moreover there was no reasonable time limit within which there was the least possibility of compliance, therefore the order for return should be set aside. Objections of the […]
Zaffino v. Zaffino (Abduction: Children’s Views) [2005] EWCA Civ 1012
Objections of the Child to a Return – Art. 13(2) All three Lord Justices hearing the appeal agreed that the children should be returned forthwith, however, each member of the panel stressed different issues in arriving at that conclusion. Thorpe LJ, with whom Wall LJ was in agreement, focussed on the manner in which the […]
Wilson v. Huntley (2005) A.C.W.S.J. 7084; 138 A.C.W.S. (3d) 1107
Habitual Residence – Art. 3 To determine whether the Convention could apply to the application it had to be determined whether the child was habitually resident in the United Kingdom. Reviewing a selection of case law the Court held first that the child could only have one habitual residence at any particular time. It then […]