CA Rouen, 20 janvier 2005, No de RG 04/03822
The application concerned a little girl born in 1996 in Germany to married parents. In December 2003, a German court granted a divorce to the parents on the basis that the parental rights would be jointly shared by both parents, the child would live with her mother, and the father had visiting rights. On June […]
Cass Civ 1?re, 25 janvier 2005, N? de pourvoi 02-17411
L’enfant, un gar?on, ?tait ?g? de 7 mois ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Il avait v?cu en Italie avec ses parents depuis sa naissance. Le 23 juillet 1999, la m?re quitta Rome avec l’enfant et s’installa en France. Le p?re demanda le retour de l’enfant. Le 25 octobre 1999, […]
Family Appeal 548/04, Plonit v. Ploni
The proceedings related to two children, both girls, who were born in 1995 and 1998 and lived in France. The parents, who were not married, separated in September 1999. The mother alleged that she had been the victim of domestic violence. On 29 June 2000 a French court ordered that the children live with the […]
DeHaan v. Gracia [2004] AJ No.94 (QL), [2004] ABQD 4
Habitual Residence – Art. 3 If the father’s application was to succeed he had to establish that the children were still habitually resident in France on the date from which he alleged they were being retained against his will. The Court rejected this submission. It found that the parents had established a clear intention to […]
Guichard v. France, Requ?te n?56838/00
The child was born in 1990 to a French father and a Canadian mother. He had always lived in France. On 13 May 1992, the mother unilaterally decided to take the child to Canada to live with her. In 1993, a Canadian Court granted custody of the child to the mother. The various applications for […]
CA Limoges, 12 mars 2003, No 17
Procedural Matters –
CA Aix en Provence, 8 octobre 2002, No de RG 02/14917
The children, 5 girls, were aged 13, 10, 8, 7 and 5 at the date of the alleged wrongful removal. At the time of the removal, the family had been living in Israel for 3 years. On 29 January 2002, in the initial stages of divorce proceedings, the Rabbinical Court of Ashkelon recognised an agreement […]
Cass Civ 1?re 19 mars 2002, N? de pourvoi 00-17.692
The child was aged 6 1/2 at the date of the alleged wrongful removal. Until the time of the removal he had been living in Israel. His parents were divorced. On 22 July 1998 the family judge at the Tribunal de Grande Instance of Bordeaux made an order that the child should continue to live […]
CA Paris, 7 f?vrier 2002, No de RG 2001/21768
R?sidence habituelle – art. 3 Le p?re pr?tendait entre autres que l’enfant avait sa r?sidence habituelle en France. La Cour observa que l’enfant r?sidait ? Pampelune avec sa m?re depuis juillet 2000 et qu’il y ?tait scolaris? jusqu’au 26 octobre 2001 et nota que le p?re contestait avoir donn? son accord pour cette installation en […]
Dalmasso v. Dalmasso, 9 P.3d 551 (Kan.2000)
The case related to three boys aged 6 _, 5 and 4, respectively, at the date of the alleged wrongful removal. In the three years prior to the removal they had lived in France, but prior to that they had also resided in Canada and the United States. The parents were married and had joint […]