Schleswig Holsteinisches Oberlandesgericht, 12 UF 169/13, 08 January 2014
Rights of Custody – Art. 3 The parents have joint custody of their daughter. There is no evidence of the (implied) consent of the father to the daughter being taken to Germany permanently. For a child to be deemed to have been taken abroad illegally, there is no requirement that this must have been done […]
Karlsruhe Higher Regional Court, 2 UF 266/14, 16 December 2014
Rights of Custody – Art. 3 As provided for by Hungarian law, the parents had joint custody of their son. His place of habitual residence was in Hungary, where he had lived since birth. The father had been exercising his rights of custody. The court emphasised that no unnecessarily high demands could be made of […]
CA Paris, 6 novembre 2012, No de RG 11/18814
L’affaire concernait une enfant n?e en avril 2002 dont la m?re vivait en Allemagne et le p?re en France. L’enfant vivait habituellement en Allemagne. ?? une date ind?termin?e, l’enfant vint vivre en France avec son p?re. En 2011, la m?re demanda le retour de l’enfant en Allemagne. Le juge de premi?re instance, qui auditionna l’enfant, […]
Oberlandesgericht Hamm, II-11 UF 85/12, 28 June 2012
Rights of Custody – Art. 3 The daughter was born in Germany when her parents were still married, as a result of which the parents had joint custody. The son was born in Poland after the parents had divorced, and the father was entered as such on his birth certificate, meaning that it is also […]
Bayer v. Bayer [2012] NZFLR 567
The proceedings concerned children born in Germany, to married German parents, in November 2000 and August 2003. The family had lived in Germany until August 2006 when the parents took the children to New Zealand to pursue a new life. Permanent residency visas were issued for all family members on 12 October 2007 and indefinite […]
Cass Civ 1?re, 29 f?vrier 2012, N? de pourvoi 11-15.613
Rights of Custody – Art. 3 The mother claimed among other pleas that a removal was wrongful if it occurred in breach of a right of custody granted by the law of the State of the child’s habitual residence immediately before its removal. But while the Court of Appeal had held that the child’s habitual […]
Supreme Court of Greece (?????? ?????), decision 1857, 16 December 2011
The proceedings related to a child born in Germany in 2001 to Greek parents. The parents were married and shared parental responsibility under both German and Greek law. The marriage was characterized by incidents of domestic abuse. In 2007, the mother left Germany with the child in order to visit her sick grandmother. When she […]
CA Lyon, 19 septembre 2011, No de RG 11/02919
The application concerned two children born in Germany in 1996 and 1999. After the parents’ separation, the children’s habitual residence had been set by a court at the father’s domicile in Germany. In August 2010, the mother refused to allow the children to return to Germany after exercising her right of access, and unilaterally set […]
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 […]
Karoussiotis c. Portugal (Requ?te No 23205/08)
The case concerned a child born in Germany in 2001. Shortly after she was born, the father, a Portuguese national, was sentenced to a jail term before being deported in 2004. The parents had separated during the father’s imprisonment, but in January 2005, the mother travelled to Portugal to collect the child, who had visited […]