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 […]
N? de r?le: 02/7742/A, Tribunal de premi?re instance de Bruxelles, 27/5/2003
The child, a boy, was 11 years old at the date of the alleged wrongful retention. His parents had not been married, and had separated in 1993. The child had remained with his mother in Italy since then. On 21 June 2001, the father took the child to Belgium (where he had been residing since […]
Re H. (Children) (Child Abduction: Grave Risk) [2003] EWCA Civ 355
The children were aged 9, 6 and 5 at the date of the alleged wrongful removal. Until then they had lived all of their lives in Belgium. None of the members of the family spoke English. The parents were married and had joint rights of custody. The mother had another child from a previous marriage […]
Tribunal de premi?re instance de Bruxelles, 6 mars 2003, No de r?le: 02/7742/A
L’enfant, un gar?on, ?tait ?g? de 11 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents n’?taient pas mari?s et s’?taient s?par?s en 1993. L’enfant ?tait rest? avec sa m?re en Italie depuis lors. Le 21 juin 2001, le p?re emmena l’enfant en Belgique (o? il r?sidait depuis au moins […]
N? de r?le : 01-AR-2451, Cour d’appel de Bruxelles, 21 janvier 2003
L’enfant, un gar?on, ?tait ?g? d’environ 4 ans 1/2 ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Ses parents, tous deux de nationalit? belge, vivaient en Espagne au moment de sa naissance en 1996. Pendant plusieurs ann?es, le p?re avait fait des aller-retour entre la Belgique et l’Espagne. La m?re all?guait que […]
Delvoye v. Lee, 224 F. Supp. 2d 843 (D.N.J. 2002)
The application concerned a baby boy who was born in Belgium on 14 May 2001. The American mother and Belgian father, who were not married, had met in America in early 2000. They began a relationship and the father, who continued to reside principally in Belgium, visited the mother several times in New York during […]
N? de r?le : 01/6584/A
The child, a boy, was aged almost 4 1/2 at the date of the alleged wrongful removal. The parents, both Belgian nationals, had lived in Spain from the time of his birth in 1996. For several years the father had communted between the two countries. It was the mother’s case that the child had always […]
Decision of 12/09/2001, Juvenile Court, Palermo, Case No.81/2001 Civ. Reg. Gen.
The children, a boy born in 1985 and a boy born in 1995, had their habitual residence in Belgium. Under an order made by a Li?ge Court on 13 September 2000 their mother had sole custody. In December 2000, whilst exercising a period of overnight access the father took the boys to Italy. The mother […]
N? de r?le 2000/RG/544
The children, a girl and a boy, were aged 13 and 6 respectively at the date of the retention of the girl and at the start of the violation of the father’s right of access in respect of the boy. The parents, both Germans, lived in Luxembourg until the mother left the family home in […]