Heyeur Jessop s.e.n.c.r.l
Kitsilano Family Law
Spier Harben
Droit de la famille – 131863, 2013 QCCA 1196
Tahan v. Duquette, 259 N.J. Super. 328, 613 A.2d 486 (App. Div. 1992)
Appeal dismissed, retention wrongful and return ordered; the standard required under Articles 13(1)(b) and 13(2) had not been met.
Miller v. Miller, 240 F.3d 392 (4th Cir. 2001)
Appeal dismissed and return ordered; the removal was wrongful and the level of risk required under Article 13(1)(b) had not been proved.
Re G. (Abduction: Withdrawal of Proceedings, Acquiescence, Habitual Residence) [2007] EWHC 2807 (Fam)
Retention of the elder child wrongful and return ordered; none of the exceptions proved to the standard required under the Convention. Retention of the younger child not wrongful as she had only ever been habitually resident in England. Return ordered under common law rules.
Findlay v. Findlay 1995 SLT 492
Return ordered; the child was habitually resident in Canada on the relevant date and the child was wrongfully retained in Scotland after 5 March 1993.
Singh v. Singh 1998 SC 68
Appeal allowed and return refused. The Lord Ordinary had erred in the exercise of his discretion with respect to the objections of the younger child.
Re S. (A Minor), 20 August 1996, High Court, transcript; The Independent, 14 October 1996
Return ordered; the children were habitually resident in Canada at the relevant date.