Central Authority v. B 2009 (1) SA 624 (W)
The proceedings concerned a child born in October 2004 in the United States of America to a South African mother and an American mother. The parents were married and the family lived in Illinois, United States of America, until the mother took the child to South Africa on 13 May 2006. The reasons for the […]
Vale v. Avila, 538 F.3d 581, (7th Cir. 2008)
The application related to twins born in Venezuela in 1999 to married Venezuelan parents. In 2005 the mother petitioned for divorce after meeting an American man via the internet. Pursuant to the divorce decree the mother was granted physical custody of the children but both parents were accorded the power of patria potestas. The father […]
Duarte v. Bardales, 526 F.3d 563 (9th Cir. 2008)
The proceedings related to two children born in October 1996 and June 1998. Two older siblings, not subject of the proceedings, were born in October 1990 and October 1991. The parents, who never married, entered the United States of America from Mexico in 1990. In 2000, they separated and the mother took the four children […]
Lombardi v. Mehnert, 2008 ONCJ 164
The application concerned a child born in New York on 18 May 2007. The parents had been in an on off relationship since October 2004 and had lived together only briefly. They were unmarried. The relationship was characterised by the father’s verbal and physical abuse of the mother and his persistent breach of protection orders. […]
Kufner v. Kufner, 519 F.3d 33 (1st Cir. 2008)
Removal and Retention – Arts 3 and 12 The mother argued that the removal was not wrongful as she had brought the younger son to the US for medical treatment. The Court held that this was irrelevant for purposes of the wrongful removal determination because the analysis turned on whether the removal was consistent with […]
Hoole v. Hoole, 2008 BCSC 1248 (10 January 2008)
Procedural Matters On 8 January 2008 the Oregon Circuit Court sought to initiate direct communication with the Supreme Court of British Colombia. This was in accordance with the Oregon rules which provided that upon being informed of a child custody proceeding having been commenced in another court, the relevant Oregon court shall communicate with 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 […]
Maumousseau and Washington v. France (Application No 39388/05)
The child, a girl, was aged 2 _ at the date of the alleged wrongful retention. The parents were married and lived in the United States. In March 2003 the mother took the child to France for a vacation. On 31 March 2003 the mother informed the father that she did not intend to return. […]
Robert v. Tesson, 507 F.3d 981 (6th Cir. 2007)
The application related to twin boys born in 1997 to an American father and an American mother. The family moved between the United States and France, spending periods of time in both countries. There were difficulties in the parents’ marriage and during periods of separation the boys lived both in France with the father and […]
CA Aix-en-Provence, 13 septembre 2007, No de RG 06/08127
La demande concernait une enfant n?e en 2001 d’une m?re fran?aise et d’un p?re italien et qui avait sa r?sidence habituelle au Texas. En juin 2004, une enqu?te des services de protection de l’enfant conclut que le p?re ?tait innocent des faits de n?gligence et d’agression d?nonc?s par la m?re. En juillet 2004, la m?re […]