P.R.A. c. P.G.M.J

INCADAT legal file Hague parental abduction

The proceedings concerned a girl who was born to Dominican parents during their short relationship. When they separated, the girl remained under the mother’s care. The father applied for U.S. residency for himself and his daughter. In March 2012, the parents arrived to an agreement in which the mother authorised the girl to live outside […]

Case no. LF-2013-168054

INCADAT legal file Hague parental abduction

Grave Risk – Art. 13(1)(b) The court began by referring to Norwegian legal theory stating that ?the exception provisions are interpreted very narrowly”. The court also referred to existing case law of the Norwegian Supreme Court establishing that ?return may not be refused on the basis of a general assessment of what would be in […]

5A_716/2012, IIe cour civile, arr?t du TF du 3 d?cembre 2012

INCADAT legal file Hague parental abduction

The case concerned two children removed by their mother from Italy to Switzerland. On 5 July 2012, the father applied for return to the canton Court of Neuch?tel. On 11 August, the mother informed the court that she was in Italy with her children. On 13 August, the President of the Court of protection for […]

Headifen v. Harker, 549 Fed.Appx. 300 (5th Cir. 2013)

INCADAT legal file Hague parental abduction

The proceedings concerned a child who was born in the United States of America in August 2008 and adopted shortly thereafter. The adoptive parents had married in 2005. The father was a New Zealand national, the mother South African. Both were naturalised citizens of the United States. The family moved to New Zealand on 3 […]

West v. Dobrev, 735 F.3d 921 (10th Cir. 2013)

INCADAT legal file Hague parental abduction

The proceedings concerned two children born in the United States of America in January 2004 and January 2006 to married parents. The family relocated to France in June 2008. In May 2009, the mother petitioned for divorce in a local French court. An interim order of October 2009 provided that the children live in the […]

Cour d’appel de Luxembourg, 6 novembre 2013, No de r?le 40390

INCADAT legal file Hague parental abduction

L’affaire concernait deux enfants dont les parents s’?taient mari?s en 2002, et qui vivaient au Portugal. Ils se s?par?rent en 2012. Les parents se s?par?rent en 2012, et le 19 novembre 2012, le Tribunal judiciaire de Soure (Portugal) accorda la garde des enfants et l’exercice des responsabilit?s parentales pour les actes de la vie courante […]

Valenzuela v. Michel, 736 F.3d 1173 (9th Cir. 2013)

INCADAT legal file Hague parental abduction

The proceedings concerned twin girls born to unmarried parents in 2008. At the time of the birth the parents lived together in Mexico. In 2009, the parents agreed that the father would move to the United States of America, and that they would put in place an arrangement to keep the girls in the United […]

N v K [2013] EWHC 2774 (Fam)

INCADAT legal file Hague parental abduction

The proceedings concerned a child born in the United States of America in February 2001 to American parents. The parents were not married and separated in or around December 2003. Thereafter, the child lived with the mother and had contact with the father. In 2006, the mother married a British national and the parents brought […]

Yaman v. Yaman, 730 F.3d 1 (1st Cir. 2013)

INCADAT legal file Hague parental abduction

The parents met in Michigan in 1997 and married in August 2000 in Turkey before returning to the United States of America. Their first child was born in the U.S. in March 2002. The family then moved to Turkey for the father to assume a teaching appointment. Mother and child obtained dual citizenship. In Turkey, […]