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Norway: Supreme Court Finds Passive Father Responsible for Aiding and Abetting Mother’s Physical Abuse of Children

(Dec. 30, 2019) On November 27, 2019, the Norwegian Supreme Court affirmed the conviction of a man for aiding and abetting the gross abuse of a dependent by neglecting to protect the children from their abusive mother, and increased the sentence from two years and six months’ imprisonment to three years’ imprisonment. (Norwegian Supreme Court, […]

Mexico: Supreme Court Declares Automatic Child Custody Provision Unconstitutional

(Dec. 18, 2019) On November 21, 2019, the First Chamber of the Supreme Court of Mexico declared unconstitutional a controversial provision of the Civil Code of Mexico City that gives mothers automatic preferential provisional custody of their children under 12 years of age in divorce proceedings. The Court determined that article 282(B)(II), third paragraph of […]

Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany

(Dec. 17, 2019) On November 6, 2019, the Higher Administrative Court of Berlin-Brandenburg (OVG Berlin-Brandenburg) held that the German government must repatriate a German citizen who, in 2014, traveled from Germany to the territory held by the Islamic State (ISIS) in Syria, together with her three minor children. Facts of the Case In 2014, the […]

Germany: Regional Court Holds Foreign Adoption Decision Violated International Public Order

(Nov. 27, 2019) In a decision published on November 11, 2019, the Higher Regional Court of Frankfurt did not recognize an adoption decision of the High Court of Sierra Leone because, in the Court’s opinion, the decision violated international public order. The Court held that both parents need to be present at a foreign adoption […]

Denmark: Supreme Court Rules Status as Co-mother Cannot Be Revoked

(Nov. 26, 2019) On November 12, 2019, the Danish Supreme Court ruled that a co-mother cannot opt out of her status as the co-mother of a legally recognized child. (Sup. Ct., Nov. 12, 2019, Sag BS-48699/2018-HJR.) Since  2013, co-mothers—lesbian partners of birth mothers who have received medical assistance to become pregnant—have been afforded the same […]

Germany: Court Rules Day Care Assignments More than 30 Minutes from Home Unreasonable

(Nov. 20, 2019) In a decision published on August 2, 2019, the Higher Administrative Court of Rhineland-Palatinate held that the city of Mainz, Germany, cannot fulfill its legal obligation to provide children three years and older with day care that is a reasonable distance from their home by assigning them a place in a center […]

Israel: Family Court Rejects Request to Register Same-Sex Spouse of Biological Parent as a Third Parent or an Additional Guardian

(Nov. 14, 2019) On October 22, 2019, the Lod Central-District Court rejected a request to register a woman as the third parent of her same-sex spouse’s biological children or alternatively appoint her as a guardian of the children in addition to their biological parents. (Family Appeal 52550-10-18 Anonymous v. Anonymous (decision rendered Oct. 22, 2029, by […]

Israel: Court Rejects Mother’s Request to Rename Child Against Father’s Will

(Nov. 8, 2019) On October 4, 2019, the Nazareth Family Court in Israel rejected a mother’s request to add an additional first name to her minor daughter’s name against the will of her father. The minor’s parents are divorced. (File No. 53030-09-17 C.S. v. Y.A. (decision by Deputy Court President Asaf Zaguri, Oct. 4, 2019, […]

Israel: Family Court Recognizes Right to Adopt for a Man and a Woman “Known to the Public as Married”

(Oct. 31, 2019) On September 17, 2019, the deputy president of the Be’er Sheva Family Court approved the adoption of a minor by a heterosexual unmarried couple the Court determined to be “known to the public as married.” Israeli law does not recognize common-law marriage. Cohabitation and evidence of sharing life together as a husband […]