D’Assignes v. Escalante, No. BD 051876 (Cal. Super. Ct. Dec. 9, 1991)

INCADAT legal file Hague parental abduction

The children, a boy and a girl, were 6 and 3 2/3 respectively at the date of the alleged wrongful removal. They had lived in the United States of America and France. The parents were not married. On 2 October 1987 the mother applied for sole custody and an order that the father not remove […]

Cass Civ 1?re 23/10/1990 C. c. G.

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 The father sought to argue that the retention was not wrongful as the mother was only awarded custody after the children had been retained. This argument was dismissed by the Court on the basis that Article 3 of the Convention refers not only to custody existing by judicial decisions […]

CA Aix en Provence, 23 mars 1989, Minist?re Public c. M. B.

INCADAT legal file Hague parental abduction

The children, both girls, were aged 6 1/2 and almost 5 at the date of the alleged wrongful removal. The parents were divorced, the father having custody and the mother access. The father’s custody was however restricted to the jurisdiction of the court: England and Wales. On 17 January 1988 the father took the girls […]