[J.P.B.L.L.S] v [Uni?o, D.G.G.], Apela??o C?vel 2008.51.01.018422-0
The child travelled from the United States to Brazil for holidays accompanied by the mother, a Brazilian national. The child was not returned to the United States after the agreed period of holidays in Brazil, which ended on June 2004. The Central Authority of the United States contacted the Central Authority of Brazil on 23 […]
9Ob59/09f, Oberster Gerichtshof
The child was born in 2004 in the United States of America. Her parents were opera singers and had joint custody. The child lived in California for three years and then in Pennsylvania for some time at her grandparents’ home, always with her parents. On 14 September 2007 the family left for Austria, where it […]
Foster v. Foster, 654 F.Supp.2d 348 (W. D. Pennsylvania, 2009)
The application related to the adopted son of the Petitioner and Respondent. The adopters had married in Florida in 1988 and had lived in Canada since 1998. The child was born on 28 October 2000 in Canada to a mutual friend of the parents who had asked if they would adopt him. The mother alleged […]
Achakzad v. Zemaryalai, 2009 CarswellOnt 5615
The child, a boy, was 4 years old at the time of his alleged wrongful removal from California to Ontario by the mother. On 10 November 2008, the mother was allegedly assaulted by the father. On 15 November 2008 she left the United States and brought the child to Canada. Criminal charges were laid against […]
Cass Civ 1?re 17 Juin 2009, N? de pourvoi 07-16427
The application concerned a child born in New York in 2001. The family had lived in the United States until the father took the child with him to France in February 2006 for the child to undergo surgery. It was planned for them to return to the United States before 30 March 2006. As the […]
CA Chamb?ry, 24 avril 2009, No de RG 09/00305
The application concerned a child born in New York in 2001. The family had lived in the United States of America until the father took the child to France in February 2006 to undergo surgery. They were supposed to return to the United States of America before 30 March 2006. As the father and child […]
5A_105/2009, II. zivilrechtliche Abteilung, arr?t du TF du 16 avril 2009
Removal and Retention – Arts 3 and 12 Having observed that the child’s habitual residence was unquestionably in the United States of America, the Federal Tribunal stated that there was no need to determine to what extent the father had ex lege a right protected by the Convention, since the removal’s wrongfulness was due to […]
Carlson v. Switzerland, Requ?te no 49492/06
Aims of the Convention – Preamble, Arts 1 and 2 The father did not seek to challenge the legal basis for the non-return order but the manner in which his return petition had been dealt with, particularly errors and delays he alleged to have suffered at the hands of the district court in Baden. The […]
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. […]
2008 QCCS 3562, Superior Court of Qu?bec (District of Montreal)
The children, two girls and one boy, were 4, 9 and 12 years old at the time of the alleged wrongful removal. The mother had lived with the biological father of the two younger children for 12 years, first in Canada and since 2001 in Florida. They had married in 1998. In May 2008, the […]