Sabeahat v. Sabihat FS-18-0099
Interpretation of the Convention The taking parent bears the evidentiary burden to satisfy the court that the circumstances of the case qualify under Article 13(1)(b) or Article 20 as an exception. However, in the evidence called at the hearing of the mother’s application for refugee status, the Immigration and Refugee Board of Canada (IRB) found […]
Rinau v. Lithuania (Application no. 10926/09)
The parents married in Germany and had a daughter in 2005. The father is a German citizen and the mother a Lithuanian citizen. The parents had joint parental responsibility of the child. The mother also had an older son from a previous marriage. In 2005 the parents began living separately. The child remained with her […]
COMAR & COMAR [2020] FamCAFC 99
Family Case 52595-02-20 The Father vs. the Mother
KG Berlin – 16 UF 22/20 – 6 April 2020
In the order issued by Pankow/Wei??ensee Local Court (File ref.: 13 F 8440/19, INCADAT Case No 1473), the mother was obliged to return the child to the district where the father was resident in the USA. The reasoning provided by the court was that the mother was wrongfully retaining the child in Berlin following a […]
WALPOLE & SECRETARY, DEPARTMENT OF COMMUNITIES AND JUSTICE [2020] FamCAFC 65
ECLI: NL: RBDHA: 2020: 2861
Kirn v. Kirn, 2020 ONSC 2159
Onuoha v. Onuoha, 2020 ONSC 1815
J.M. v. I.L., 2020 NBCA 14
The father was an American citizen and the mother a Canadian citizen. The child was born in Texas, USA, in September 2017, and has an American and Canadian passport. In February 2018 the parents agreed that the mother could travel to Canada with the child to visit her family. Over the next year the father […]