CA Toulouse, 28 novembre 2006, No de RG 1121
The child at issue is a girl born in June 2000. The family lived in Montr?al, Canada. After their separation, the parents decided that the mother would have physical custody of the child. That agreement was upheld by the courts in November 2005. On 18 January 2006 the mother took the child to France. The […]
Bajrami v. Albania (Application no. 35853/04)
The application related to a child born in January 1997 to a Kosovan father and an Albanian mother. The spouses separated in 1998 and the mother took the child to the maternal grandparents’ home in Albania. On 6 May 1999, using forged documents, the mother remarried, although not divorced from the father. On 15 September […]
CA Paris, 19 octobre 2006, No de RG 06/12398
Settlement of the Child – Art. 12(2) – Procedural Matters It should be noted that the Appeal Court allocated the responsibility for costs of the proceedings to the French Central Authority.
Supreme Court, Civil Chamber II, E. 2006/17797 K. 2006/14657
The case concerned two children born in October 2003 and September 1999, respectively. On 24 November 2004, the mother took the children from Australia to Turkey. On 11 November 2005, the father applied for the return of the children through the Australian Central Authority. The father’s application was denied at first instance and he issued […]
Cass Civ 1?re, 14 novembre 2006, No de RG 05-15692
Habitual Residence – Art. 3 The Cour de cassation noted that the Cour d’appel had been able to deduce from the evidence of several witnesses that the children were habitually resident in England. The residence of the mother and children there was not provisional in nature; the mother was in paid employment and the children […]
Re H. (A Child: Child Abduction) [2006] EWCA Civ 1247
The application related to a girl, aged 15. The parents were divorced and since 2002 the girl had lived in South Africa with her mother. She spent alternative vacations with her father, who since 2000 had resided in England. During Easter 2006 the girl travelled to England but she refused to return at the end […]
Re F. (Hague Convention: Child’s Objections) [2006] FamCA 685, (2006) FLC 93-277; 36 Fam LR 183
Objections of the Child to a Return – Art. 13(2) The Court noted that there had been discussion in Australian jurisprudence as to whether the objection of the child had to be specifically focussed on the State of habitual residence, but declined to participate in the debate. The Court held that the evidence was now […]
Bundesverfassungsgericht, 1 BvR 1796/06, 11 October 2006
Droits de l’homme – art. 20 –
CA Reims, 4 juillet 2006, No de RG 05/02155
The case concerned a child born in April 2003 in the Netherlands where the family lived. On January 10, 2005, the parents divorced in Morocco (their country of origin); the father returned to the Netherlands, while the mother went to live in Troyes, France with the child. On April 15, the Dutch Central Authority issued […]
H.Z. v. State Central Authority [2006] FamCA 466, (2006) FLC 93-264; (2006) 35 Fam LR 489
The application related to three children who were born and raised in Greece and aged 7, 4 and 2 1/2 at the date of the alleged wrongful retention. The Greek father and Australian / Greek mother were married. In June 2005 the mother took the children to Australia for a 10 week vacation. At the […]