F.C. c. P.A., Droit de la famille – 08728, Cour sup?rieure de Chicoutimi, 28 mars 2008, N?150-04-004667-072
Application dismissed and return refused; the removal was not wrongful and the child was in any event settled in his new environment.
6Ob134/13v, Oberster Gerichtshof
http://www.ris.bka.gv.at/Dokumente/Justiz/JJT_20130828_OGH0002_0060OB00134_13V0000_000/JJT_20130828_OGH0002_0060OB00134_13V0000_000.html
Sieger & Department of Communities and Justice [2020] FamCAFC 172
Grave Risk – Art. 13(1)(b) The 1980 Convention states that a court may refuse to order the return of the child if it would ‘expose the child to physical or psychological harm’. The difference between a grave risk of exposure to harm and a grave risk of suffering harm may be important, because the former […]
Farsi v. Da Rocha, 2020 ONCA 92
The parents met in 2017 in Canada. The mother is a French citizen and the father a Portuguese citizen and permanent resident of Canada. They had a child in 2018, born in Toronto, where they lived together as a family until October 2018, when the child was six months old. At that time, her mother […]
Abou-Haidar v Sanin Vazquez USCA Case #19-7110
Decision of the Federal Supreme Court 5A_846/2018 of 6 November 2018
Par requ?te, d?pos?e le 19 septembre 2018 devant la Chambre civile de la Cour de justice de la R?publique et canton de Gen?ve, le requ?rant a conclu, par r?f?rence ? la Convention de La Haye du 25 octobre 1980 sur les aspects civils de l’enl?vement international d’enfants, au retour imm?diat en France ses enfants. Les […]
Cass Civ 1?re, 14/06/2017, Y c. X, N. 17-10980
Oberlandesgericht N?rnberg (Nuremberg Higher Regional Court), 7 UF 660/17, 05 July 2017
The Applicant father and the Respondent mother had a daughter together, born on 22 February 2014. They lived together with the child and an older daughter of the mother in France. In June 2018 the mother travelled to Germany and gave birth to another child, whose biological father is the Applicant. The mother returned to […]
2016 (Ra) No. 622 Appeal case against dismissal of case seeking return of a child
Consent – Art. 13(1)(a) The Osaka High Court judges held that, despite the assertion of the mother that the father consented to or acquiesced in the removal of the child to Japan, there was no evidence for this assertion. The father had consented only to the mother going to Japan with the child for a […]
AR v. RN (Scotland) [2015] UKSC 35
The case concerned two girls born in France in August 2010 and June 2013. The appellant father, a French national, and defendant mother, a British and Canadian national, were not married. The family lived in France until July 2013, when the mother moved to Scotland with the children. Both parties submitted that they had agreed […]