5A_285/2007/frs, IIe Cour de droit civil, arr?t du TF du 16 ao?t 2007
Risque grave – art. 13(1)(b) Le Tribunal indiqua que les exceptions au retour pr?vues ? l’art. 13 de la Convention doivent ?tre interpr?t?es de mani?re restrictive; le parent auteur de l’enl?vement ne devant tirer aucun avantage de son comportement ill?gal. Seuls des risques graves devaient ?tre pris en consid?ration, ? l’exclusion de motifs li?s aux […]
Family Application 000111/07 Ploni vs. Almonit
The child was two years old at the time of the alleged wrongful removal. The parents were divorced and had joint custody rights. The child lived with the mother in France. On 25 October 2005 the father removed the child, going first to Italy and then the Ukraine before arriving in Israel on 21 November […]
Jackson v. Graczyk, 2007 ONCA 338; [2007] O.J. No. 2035
Central Authority v. H. 2008 (1) SA 49 (SCA)
The application related to a boy born in May 2002 to a Dutch father and a South African mother. The parents were married and shared equal custody rights in respect of the child. In September 2003 the mother took the child to South Africa with the consent of the father. The parents subsequently presented different […]
De Silva v. Pitts, 481 F.3d 1279, (10th Cir. 2007)
The application related to a boy born in the United States in February 1993 to a Sri Lankan mother and American father. The parents were not married and in February 1994, when the mother’s visa expired, she was ordered to leave the country. She did not. In May 1994 the father obtained an order from […]
Re A. (Abduction: Habitual Residence) [2007] 2 FLR 129
Habitual Residence – Art. 3 The core issue for the Court was whether the child had acquired a habitual residence in Washington State during the 8 days he spent there between arriving and the parents’ deciding to end their marriage. To this end the Court cited the definition of Lord Brandon in the House of […]
Re F. (Abduction: Joinder of Child as Party) [2007] EWCA Civ 393
The application related to a 7 year old girl who was raised in Spain. The English mother and Spanish father had had a turbulent relationship which ended in the summer of 2005. At this time mother and child left the matrimonial home but continued to live in the vicinity. The parents subsequently agreed that the […]
Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
The parents of the child, a boy, were married in 1998 in the Philippines. After the marriage the father remained in the Philippines, where he was a life-long resident, and the mother moved to Texas, USA. At the time of her move the mother was one month pregnant. The child was born in 1999. The […]
Family Appeal 001109/06, G.H. v G.Y.
The application related to a child, who was 2 1/2 years old at the time of the alleged wrongful removal and who was born and raised in Israel. During the summer of 2005, the mother took the child to the U.S. informing the father they would return on 2 September 2005. Two days before this […]
Canada (Citizenship and Immigration) v. Garcia, 2007 FCA 75, [2008] 1 F.C.R. 322
The proceedings related to a mother and two sons who came to Canada from Mexico and claimed refugee status under the Immigration and Refugee Protection Act (IRPA). In June 2004 the Quebec Court of Appeal issued a non-return order in a Hague Convention application for return of one of the boys, on the basis that […]