L.L. c. C.G., Droit de la famille 112106, Cour sup?rieure de Qu?bec 11 juillet 2011, 2011 QCCS 3612
Habitual Residence – Art. 3 The Court observed that the concept of habitual residence is defined neither by the Convention nor by the Act implementing it in Canadian law, and that the Civil Code of Quebec provides no further particulars. The Court referred to the comments of Judge Chamberland according to whom: “a child’s “habitual […]
CA Bordeaux, 28 juin 2011, No de RG 11/01062
The case concerned a child born in 2004 to Portuguese parents living together in France since 2003. In August 2008, during the family’s holiday in Portugal, the parents quarreled and separated. The father returned to France alone, and the mother and child remained in Portugal. The father brought action before a Portuguese court which, in […]
CA Rennes, 28 juin 2011, No de RG 11/02685
Rights of Custody – Art. 3 It was not disputed that, under Mexican family law, the parents exercised over their children parental authority which can be forfeited, in the situations listed by law, pursuant to a court ruling. According to the mother, the father had forfeited parental authority but she did not provide evidence of […]
CA Paris, 17 f?vrier 2011, No de RG 11/00507
The case concerned a child born in 2009. After her marriage to the father, the mother lived in France with the child, cohabiting with the father in Germany during monthly stays from October to December 2009. She was committed to a psychiatric institution in December in Germany and then returned to France alone, the child […]
Mercredi v. Chaffe [2011] EWCA Civ. 272
The proceedings related to a child born in England in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time […]
CA Lyon, 17 janvier 2011, No de RG 09/05813
The return application concerned a girl born in 2004 in Romania to Romanian parents. In November 2005, the parents divorced and custody of the child was awarded to the father. On 3 June 2006, the parents decided, as witnessed by a notary, to set up alternate custody, with each parent having care of the child […]
T.T. c. M.M., Droit de la Famille 103615, Cour sup?rieure de Roberval, 15 d?cembre 2010, 2010 QCCS 6585
Rights of Access – Art. 21 The mother used this provision to enable her to obtain legal aid in Quebec, as that province’s Central Authority is bound to assist a parent applying for enforcement of a judgment relating to custody or rights of access delivered in another jurisdiction in a situation involving two countries bound […]
Mercredi v. Chaffe (C-497/10 PPU)
The proceedings related to a child born in August 2009 to a French mother from the overseas d?partement of the island of R?union and a British father. The parents were not married and separated a week after the birth. On 7 October 2009 the mother took the child to R?union. At that time the father […]
CA Paris, 14 octobre 2010, No de RG 10/17238
The case concerned a girl born in Israel in 2008 to married parents. She had lived there with her parents until December 2009, when the mother moved to France with the child. On 11 August 2010, the family judge of the Tribunal de Grande Instance of Paris held that the child’s removal was not wrongful […]
Cass Civ 1?re, 20 octobre 2010; No de RG 08-21161
The case concerned two girls born in 1995 and 1997. The family lived in Italy. After the parents’ separation in 2004, an Italian court awarded sole custody to the mother and a right of access on Italian territory to the father. In 2007, the father took the children to France. The children’s return to Italy […]