TV c. MB, Droit de la famille 1222, 2012 QCCA 21
The case concerned two children born in 2001 and 2005 to an American father and Canadian mother. The parents had cohabited for 10 years, until the father told the mother he had a mistress in June 2010. The parents’ versions of subsequent events differed. According to the father, he had asked the mother, who was […]
TV c. MB, Droit de la famille 111646, 2011 QCCS 2929
L’affaire concernait deux filles de 5 et 10 ans. La famille avait principalement v?cu aux Etats-Unis pendant leur vie commune, malgr? des s?jours annuels de tous les membres, s?par?ment ou en famille, au Qu?bec. La m?re et les filles avaient ?galement v?cu au Qu?bec pendant une certaine p?riode, jusqu’en 2008. Les parents se s?par?rent en […]
Ryan v. Ryan
The application related to two children born on 31 October 2001and 21 June 2005 to a Canadian mother and an American father. The parents had married after the birth of their first child and now lived in Vermont. In June 2010, the mother went to Newfoundland and Labrador with the children for a holiday. The […]
Achakzad v. Zemaryalai, [2011] W.D.F.L. 2
The application related to a child born in California on 14 July 2004. The parents, who were first cousins, had been born in Afghanistan but had emigrated to North America as children, the father to California, the mother to Toronto. Their marriage in July 2001 had been arranged by their families. The marriage was characterised […]
Motion for Leave to Appeal (Family Matters) 5690/10
The proceedings concerned a child born in January 2003 to an unmarried father of Chinese origin, resident in the United States of America, and a mother with dual American and Israeli citizenship. In 2005, a Nevada court provided the parents with joint custody, with the mother having physical care of the child. On 1 February […]
5A_154/2010, II. zivilrechtliche Abteilung, arr?t du TF du 29 avril 2010
The case concerned a boy born in Pennsylvania (United States of America) in April 2007. Relations between the parents were stormy and the mother left the family home with the child. By rulings in late December 2007 and early January 2008, a US court ordered joint parental authority, awarded physical custody of the child to […]
Nicolson v. Pappalardo, 605 F.3d 100 (1st Cir. 2010)
The proceedings concerned a child born in December 2008 to an American mother and an Australian father. The parents had met in Australia whilst the mother was travelling there. The mother became pregnant and returned to the United States of America. After her return, the father proposed marriage and the couple married in Australia in […]
Macready c. R?publique tch?que (Requ?tes Nos 4824/06 et 15512/07)
The case concerned a child born in the United States of America in December 2002. In early 2004, the father petitioned for divorce. A Court ruled on a provisional basis and awarded joint custody of the child, who was to share his time between his mother and father, and enjoined the mother from leaving the […]
Barzilay v. Barzilay, 600 F.3d 912 (8th Cir. 2010)
The application related to three children born to married, Israeli parents. The eldest child was born in Israel in 1996, the two younger children in the United States of America in 2002 and 2004 following the parents move there in 2001.The parents divorced in the United States in January 2005. A written parenting plan provided […]
Matzke v. Matzke, 85 R.F.L. (6th) 208
Grave Risk – Art. 13(1)(b) Frequently moving home from one state to another and the possibility that the father might move again from his present home in Nebraska was not sufficient to amount to a grave risk of physical or psychological harm to the children. The moves had been with the acquiescence of the mother, […]