E.S. s/ Reintegro de hijo
The child was born in 2006 in Amsterdam. His parents had celebrated a Registered Union in 2005 in the Amsterdam Civil Registry, which was dissolved by Court order on 4 April 2007. At the request of the father, a provisional and supervised visitation order was settled by Dutch authorities; the father’s contact was extended by […]
Tribunal d’arrondissement de et ? Luxembourg, 19 d?cembre 2012, R?f?r? No 882/2012
L’affaire concernait trois enfants vivant au Pays-Bas dont les parents, mari?s en 2001, avaient converti leur mariage en partenariat enregistr? en 2004. En 2009, ce partenariat enregistr? fut dissout par le Tribunal de Breda (Pays-Bas). La r?sidence des enfants fut fix?e chez la m?re mais les deux parents conservaient la garde conjointe sur les trois […]
Cass Civ 1?re 17 D?cembre 2008, N? de pourvoi 07-15393
R?sidence habituelle – art. 3 La m?re indiquait que la Cour d’appel n’avait pas caract?ris? que la r?sidence habituelle de l’enfant, qui avait souvent effectu? des s?jours plus ou moins longs en France, ?tait aux Pays-Bas. La Cour de cassation observa que la Cour d’appel avait not? que l’enfant ?tait n? aux Pays-Bas d’un p?re […]
CA Paris, 8 ao?t 2008, Nos de RG 08/05791 et 08/07826
The application concerned two children born in 1997 and 2003 to married parents. The family, of Turkish origin, had been living in the Netherlands since 2000. In September 2006, following dissension between the couple, the mother moved to France with the children. The French Public Prosecutor initiated return proceedings on December 3, 2007 and the […]
Pielage v. McConnell, 516 F.3d 1282 (11th Cir. 2008)
Habitual Residence – Art. 3 The mother maintained that the child was habitually resident in the Netherlands at all times. This was not disputed by either court, but the 11th Circuit noted that the child had spent 10 of his first 12 months living in Alabama. Removal and Retention – Arts 3 and 12 The […]
Central Authority v. H. 2008 (1) SA 49 (SCA)
The application related to a boy born in May 2002 to a Dutch father and a South African mother. The parents were married and shared equal custody rights in respect of the child. In September 2003 the mother took the child to South Africa with the consent of the father. The parents subsequently presented different […]
CA Reims, 4 juillet 2006, No de RG 05/02155
The case concerned a child born in April 2003 in the Netherlands where the family lived. On January 10, 2005, the parents divorced in Morocco (their country of origin); the father returned to the Netherlands, while the mother went to live in Troyes, France with the child. On April 15, the Dutch Central Authority issued […]
CA Paris, 30 mai 2006, No de RG 06/00395
Grave Risk – Art. 13(1)(b) The father argued that when his daughter was aged 7 she had been the victim of rape at the family residence by her mother’s live-in partner. He stated that he had filed a complaint in that regard in September 2004 in France. The Court found that the evidence produced by […]
Tribunale per i minorenni dell’Emilia-Romagna, 11 June 2001, Case No. 513/01 Vol. et n. 1645 Cron.
The children, a boy and a girl, were aged 5 and 2 at the date of the hearing. They had both been born and brought up in the Netherlands. The parents divorced in early 2001. Thereafter, following detailed negotiations and with the assistance of family mediators, an agreement was entered into as to the care […]
De directie Preventie, optredend voor zichzelf en namens Y (the father) against X (the mother) (7 February 2001, ELRO nr.AA9851 Zaaknr:813-H-00)
The child, a boy, was 9 1/2 at the date of the alleged wrongful removal. He had lived in Canada all his life. The parents separated in 1994. Subsequently, the mother was awarded custody and the father access. On 19 October 1999 the mother petitioned a Quebec court for a change in the access regime. […]