A. J. P. F. s/ Restituci?n Internacional
The child was born on 7 April 2007 in Talavera de la Reina, Toledo, Spain to married parents. In mid-February 2009, the father authorised the child to leave Spain (where the family lived) and travel for a month with the mother to Paraguay to meet her family. The mother and the child travelled to Paraguay […]
1Ob254/11a, Oberster Gerichtshof
The case concerned two children born in 2001 and 2003, living in Spain with their father since their parents’ divorce. After a period of exercise of the right of access in Austria, the mother failed to return the children to Spain. A few days before the end of the visit, the mother had applied to […]
A, Petitioner [2011] CSOH 215
The application concerned two children, a boy aged eleven and a girl aged five, born to a Scottish mother and a Spanish father. The elder child was born in the United States of America, the younger child in Scotland. The family were habitually resident in Spain and lived together in an apartment. The parents were […]
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 […]
G. M. E. M. c. J. D. D. S. s/ reintegro de hijos
The case concerned two children, born in March 2005 and August 2006, whose parents had gotten married in 2004. On 3 January 2011, the father left Spain, where the family had their habitual residence, and travelled to Peru with the children. On 6 January, the mother travelled to Peru to get the children back to […]
5A_535/2010, II. zivilrechtliche Abteilung, arr?t du TF du 10 ao?t 2010
The case concerned twins born in October 2007. It was not disputed that the family had lived together in Spain until mid-2008. According to the mother, starting at that time, there was the beginning of a move to Switzerland; according to the father, the family had continued to reside in Spain. On 11 March 2010, […]
2Ob90/10i, Oberster Gerichtshof
The case concerned a child born in 2007 as a result of a relationship between a Spanish man and a Serbian woman. The family lived in Spain. On 1 July 2008, the mother took the child to Austria, then to Serbia and again to Austria. She had previously demanded the father to consent in writing […]
5A_441/2010, IIe cour de droit civil, arr?t du TF du 7 juillet 2010
Droit de garde – art. 3 Le Tribunal f?d?ral, citant les articles 3 & 5 de la Convention de la Haye de 1980, indiqua que pour conna?tre l’attributaire du droit de garde, il convenait de se r?f?rer uniquement ? l’ordre juridique de l’??tat de la r?sidence habituelle de l’enfant au moment du d?placement. Il indiqua […]
State Central Authority & Quang [2010] FamCA 231
The application related to two children, one born in Spain in August 2005, the other in Australia in January 2007. The parents had lived together in Spain from May 2004 until late October 2006. In December 2006 the parents signed an agreement on parenting and financial matters which was formally approved in March 2007. Under […]
1Ob163/09s, Oberster Gerichtshof
The daughter was born in Austria in 2000. 3 months later, after the parent’s wedding, the family returned to settle in Spain. The father started isolating the mother and set up a sectarian movement, considering himself to be a messenger of God. He started to beat the mother, always in the presence of the child, […]