5P_71/2003/min, II. Zivilabteilung, arr?t du TF du 27 mars 2003
L’enfant, une fille, ?tait ?g?e de 3 ans _ ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Les parents, d’origine turque, avaient v?cu pendant des ann?es en Australie avec l’enfant et venaient juste de divorcer. L’autorit? parentale ?tait conjointe. An ao?t 2001, la m?re emmena l’enfant d’abord en Turquie puis en Suisse. […]
P. v. The Secretary for Justice [2003] NZLR 54, [2003] NZFLR 673
The application related to two children, aged six and almost 4, at the date of the alleged wrongful retention. The parents separated in March 2001. In January 2002 the mother indicated that she wished to relocate to New Zealand with the children. The father immediately initiated legal proceedings, however the parents were able to reach […]
W. v. W. 2003 SCLR 478
There were four children of the marriage, two girls and two boys. The eldest child was aged 9 at the date of the proceedings. It was accepted that all four children had been wrongfully removed from Australia to Scotland by their mother.
Janine Claire Genish-Grant and Director-General Department of Community Services [2002] FamCA 346, (2002) FLC 93-111; 29 Fam LR 51
The parties lived at various places in Australia from 1990 until March/April 1995 when they went to live in Israel. The mother returned to Australia with the children in December 2000 with the agreement of the father that she could remain in Australia for a period of 3 months. Prior to leaving Israel the mother […]
Public Attorney v. J.S., Case No. 778/2001
The children, 2 boys, were born on 7 April 1999 and 17 May 2000 in Sydney, Australia. The parents were not married but had been together since 1995. After the younger child was born the family came to Portugal for a couple of months. Shortly after they returned to Australia the parents separated, but, they […]
Callaghan v. Thomas [2001] NZFLR 1105
Habitual Residence – Art. 3 The nature of the child’s stay in New Zealand was the subject of dispute. The mother argued that it was to be for a maximum period of 6 ? 12 months on the basis that if he were not able to settle he would be returned immediately. It was the […]
Bezirksgericht Hinwil (Hinwil District Court), decision of 11 December 2000, U/E/EU000008
The child, a boy, was aged 5 _ at the date of the alleged wrongful removal. He had until then been living in Australia. The parents had been cohabiting for 2 years, but separated shortly before the birth. The mother moved to Tasmania when the boy was two. The competent Australian court granted the father […]
England v. England, 234 F.3d 268 (5th Cir. 2000)
The children, both girls, were four and thirteen at the date of the alleged wrongful retention. They had lived in the United States for the majority of their lives. The parents, both American citizens, were married and had joint rights of custody. In 1997 the family moved to Australia to enable the father to take […]
Secretary for Justice v. C., ex parte H.
Grave Risk – Art. 13(1)(b) The Court held that care had to be taken against allowing evidence which was primarily directed to what the child’s best interests would be in any dispute over primary care. It noted that the following general principles were relevant: 1) The focus is on the child’s situation, not that of […]
Director-General, NSW Department of Community Services and Odierna, 17 March 2000, Family Court of Australia (Sydney) [2000] FamCA 2102
Rights of Access – Art. 21 Under different Italian court orders the father had sole custody in respect of the child. Consequently he did not have any order conferring him with access rights. Having failed in his return application he sought to argue that his custody order was the equivalent of an order providing for […]