6Ob230/11h, Oberster Gerichtshof
The case concerned two children aged 14 and 9, whose mother had sole custody and who had lived with her in Sicily since 2009. The children went to visit their father in Austria for the Easter holiday. They did not return to Sicily as planned because the elder wished to remain in Austria. The mother […]
D.T. v. L.B.T. [2010] EWHC 3177 (Fam.)
Habitual Residence – Art. 3 For the Convention to apply the applicant father had to show that the children had acquired a habitual residence in Italy between 15 July 2009 and 4 April 2010. It was the mother’s case that she had been bullied into agreeing to relocate to Rome, and that she was profoundly […]
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 […]
Cass Civ 1?re 20 janvier 2010, N? de pourvoi 08-18085
The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. After a first separation of the parents in 2005, the mother moved to France with the children. The parents reconciled and the mother returned with the children to live in Italy […]
Jasna Deti?ek v. Maurizio Sgueglia (C-403/09 PPU)
The proceedings related to a child born in September 1997 to a Slovenian mother and an Italian father, who were long-term residents in Italy. In divorce proceedings in Italy, on 25 July 2007, the father was granted provisional custody, but the child was ordered to be placed in care. On the same day, the mother […]
Cass Civ 1?re, 20 janvier 2010, N? de pourvoi 08-19267
The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. In September 2007, the mother left her husband and Italy with the children. On 2 May 2008, a Family Court judge ordered the return of the children to Italy and “recalled” […]
5A_650/2009, IIe cour civile, arr?t du TF du 11 novembre 2009
Habitual Residence – Art. 3 The Tribunal pointed out that neither the Hague Convention nor the Swiss Federal Act of 2009 on international child abduction and the Hague Conventions on the protection of children and adults defined that notion, which, according to the case-law, was to be defined autonomously. The interpretation under the 1980 Convention […]
Koons c. Italie (Requ?te No 68183/01)
The case concerned a child born in the USA in 1992. The parents’ marriage had been troubled very soon. As early as 27 December 1993, when in Rome with his mother, the child was taken to the USA by his father, who immediately applied for divorce and custody there. The mother travelled to New York. […]
CA Reims, 2 octobre 2008, No de RG 08/2336
La demande concernait deux filles n?es en 1995 et 1997. Selon le p?re, ses filles s’?taient r?fugi?es chez lui en juillet 2007. A la suite de la demande de retour de la m?re, le juge aux affaires familiales du TGI de Reims pronon?a un sursis ? statuer sur le retour des filles en Italie aupr?s […]
CA Paris, 22 mai 2008, No de RG 08/05966
The case concerned a child born in the United States in 2001. The family was habitually resident in Italy. In 2005 the mother wrongfully removed the child to France. On February 15, 2007, the Appeal Court of Paris ordered the return of the child (INCADAT Reference: HC/E/FR 979). The mother removed the child for a […]