Re W. (Minors) (Abduction: Father’s Rights) [1999] Fam 1
The children were 4 _ and almost 3 at the date of the alleged wrongful removal. They had until then spent all of their lives in England. The parents were not married. They cohabited until September 1995, thereafter the children lived with the mother. In March 1996 the father applied to the local family proceedings […]
State Central Authority of Victoria v. Ardito, 29 October 1997, Family Court of Australia (Melbourne) [1997] FamCA 61
Grave Risk – Art. 13(1)(b) The court distinguished the instant case from previous case law on the basis that the mother had not deliberately refused to return to the United States. She had not endeavoured to create a defence of grave risk of psychological harm or an intolerable situation, she had consented to an order […]
Police Commissioner of South Australia v. Castell (1997) FLC 92-752, [1997] FamCA 24, 21 Fam LR 643
The application concerned six children. On 13 March 1993 the mother, with the consent of the father, took the four children then born to Australia. In July 1993 the mother gave birth to twins. On 1 November 1993 the Family Court of Australia granted the mother sole custody of all six children. On 17 May […]
Commissioner, Western Australia Police v. Dormann, JP (1997) FLC 92-766
The child, a boy, was 13 at the date of the alleged wrongful removal. He had lived in Australia, Germany and the United Kingdom. The parents were separated and had joint rights of custody. From August 1995 the mother lived in Australia. In September 1996, after a short period in France, the boy moved to […]
In the Marriage of G.R. and B.J. Colbourne, 30 April 1997, Full Court of the Family Court of Australia at Sydney [1997] FamCA 18, (1997) FLC 92-749, 21 Fam LR 621
The children, a boy and a girl were 14 1/2 and 11 1/3 at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated. The mother had custody and the father access. On 17 December 1996 the mother took the children to the United States. […]
Krishna v. Krishna 1997 WL 195439 (N.D.Cal.)
Aims of the Convention – Preamble, Arts 1 and 2 The United States District Court for the Northern District of California cited the Court of Appeals for the Sixth Circuit in Friedrich, where it stated that “[t]he affirmative defences…offer an opportunity, in extraordinary cases, for a court in the country of flight to consider the […]
De Lewinski and Legal Aid Commission of New South Wales v. Director-General New South Wales Department of Community Services (1997) FLC 92-737, [1997] FamCA 11, 21 Fam LR 413
The children were 10 1/2 and 9 at the date of the alleged wrongful removal. The parents were married and both enjoyed rights of custody. On 17 February 1995 the mother took the children to Australia. The family had lived primarily in the United States until the mother and children travelled to Australia, with the […]
In re K. v. K., No. C 97-0021 SC (N.D. Cal. Apr. 11, 1997)
The child, a boy, was aged about 2 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. On 10 May 1996 the mother left the matrimonial home with the child, alleging she had suffered violence at the hands of the father. The police reported that the […]
Re O. (Abduction: Consent and Acquiescence) [1997] 1 FLR 924
The child, a boy, was aged 2 1/2 at the date of the alleged wrongful removal. The parents were married. On 28 August 1996 the child was taken to England by the mother. On 27 August 1996 the parents had signed a document purporting to allow the mother to relocate to the UK with the […]
State Central Authority v. Ayob (1997) FLC 92-746, 21 Fam. LR 567
The child, a girl, was 5 1/2 at the date of the alleged wrongful removal. She had lived in the United States all of her life. The parents were separated. Custody was regulated by an agreement entered into by the parents whereby the mother had care of the child and the father had visitation rights. […]