J.M. v. I.L., 2020 NBCA 14
The father was an American citizen and the mother a Canadian citizen. The child was born in Texas, USA, in September 2017, and has an American and Canadian passport. In February 2018 the parents agreed that the mother could travel to Canada with the child to visit her family. Over the next year the father […]
Pohl v Pohl, 2019 ABCA 71
Habitual Residence – Art. 3 The Court of Appeal dismissed the father’s argument that the chambers judge erred by not first determining the child’s habitual residence before applying the 13(1)(b) exception. The Court of Appeal stated that in this instance, the determination of habitual residence would have not affected the outcome of the case: if […]
Monasky v Taglieri
BMC v BGC [2020] HKEC 372
Habitual Residence – Art. 3 Though a child can acquire ?habitual residence” within a very short time, it is really the quality of the child’s residence which is relevant. In the present case, there was no sufficient evidence that there was sufficient degree of integration by either the mother or the child in a social […]
K. K. J C/ P. C. .S S/ RESTITUCI?N INTERNACIONAL
Removal and Retention – Arts 3 and 12 The Supreme Court of Mendoza held that for wrongful removal or retention to exist, two elements must be present, a legal and a factual one. The first one requires that the removal or retention of the child be in violation of the sole or shared custody rights […]
Abou-Haidar v Sanin Vazquez USCA Case #19-7110
AG Karlsruhe 2 F 1701 19
Removal and Retention – Arts 3 and 12 The court was of the view that the mother was not authorized to move with the children to Germany without the father’s prior consent. The court’s emergency decision was not associated with permission to move with the children to Germany; furthermore, the decision was only provisional. The […]
Souza v. Krahn; Krahn v. Alves-Souza, 2019 MBQB 174
The father is a Brazilian citizen, but has lived in Massachusetts, United States, since 1999. The mother is a Canadian citizen and lives in Manitoba, Canada. She has four children from a previous marriage. The couple began a relationship online and met in-person for the first time in July 2014 when the mother travelled to […]
05-J2(230)-2012-3
The parents got married in 2005 in California, United States of America. The couple had two children: a boy in 2008, and a girl in 2010. In 2005, the mother was diagnosed with a malignant brain tumor and had difficulties regarding the care of her children. In April 2010, the parents decided to grant an […]
2017 (Ju) No. 2015 Case of a request for Habeas Corpus relief
The parents are both Japanese nationals. After their marriage, they first resided in Japan. The first son was born there in 1996 and the daughter in 1998. After the entire family moved to the United States, the second son was born there in 2004. He is a national of Japan and the United States. In […]