Aguirre Zarraga v. Pelz (C?491/10 PPU)
Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003) The CJEU noted that Regulation No 2201/2003 had set up a system whereby, in the event that there is a difference of opinion between the court where the child is habitually resident and the court where the child is wrongfully present, the former […]
The return of a wrongfully retained minor back to the Federal Republic of Germany (Case No. 2. 187-10)
The child was born in 2005 in Germany. Her mother is a citizen of Georgia and her father is a citizen of Germany. The couple married in 2003. According to Section 1626 of the German Civil Code, both parents had joint custody. The family lived together in their flat in Berlin and both parents exercised […]
Karlsruhe Higher Regional Court, 2 UF 172/09, 8 January 2010
The Applicant father and Respondent mother were married and lived together in England with their three children ? two daughters, born on 1 March 2001 and 27 July 2005, and a son, born on 11 November 2003. The parents had joint custody of the children. In February 2009, without the prior knowledge of the father, […]
Rinau v. Rinau (C-195/08 PPU)
The application related to a child born in Germany on 11 January 2005. Shortly after the birth the parents separated with the child remaining with her mother. In July 2006 the father agreed to the mother taking the child to Lithuania for a two week vacation. The child was not returned. After being awarded custody […]
5Ob17/08y, Oberster Gerichtshof, 1/4/2008
L’affaire concernait quatre enfants n?s en 1992, 1996, 1999 et 2001 de parents allemands. Les parents ?taient mari?s. Le 19 mai 2007, la m?re quitta le domicile conjugal et partit s’installer en Autriche avec les enfants. Son avocat informa le p?re moins d’une semaine plus tard qu’elle le quittait et allait provisoirement vivre avec les […]
Kufner v. Kufner, 519 F.3d 33 (1st Cir. 2008)
Removal and Retention – Arts 3 and 12 The mother argued that the removal was not wrongful as she had brought the younger son to the US for medical treatment. The Court held that this was irrelevant for purposes of the wrongful removal determination because the analysis turned on whether the removal was consistent with […]
Bundesverfassungsgericht, 1 BvR 1796/06, 11 October 2006
Droits de l’homme – art. 20 –
Karadžic v. Croatia, Application No. 35030/04, (2005) 44 EHRR 896
Issues Relating to Return Enforcement The mother complained that the inefficiency of the Croatian authorities and, in particular, the prolonged failure to enforce the Porec Municipal Court’s decision of 12 May 2003 to reunite her with her son violated her right to respect for family life as provided in Article 8 of the Convention. The […]
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 […]
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 […]