40 F 130/01 HK, Familiengericht Saarbr?cken
The child, a girl, was 6 years old at the date of alleged wrongful retention. From March 1997 to 1998 she lived in Tennessee (USA) with her parents and three siblings from the mother’s previous marriage. In August 1998 the parents divorced. The father was awarded sole custody and his daughter remained with him in […]
Oberlandesgericht K??ln, 21 UF 70/01, 12 April 2001
The child, a boy, was almost 3 years old at the date of the alleged wrongful removal. From his birth in February 1998 to December 2000 he had lived in Finland. In July 1999 the parents divorced. In January 2000 the parents were awarded joint custody, with the mother having care of the child, the […]
1 F 3709/00, Familiengericht Zweibr?cken (Family Court), 25 January 2001
The child, a boy, was about approximately 2 _ at the date of the alleged wrongful retention. The child was born while the parents were serving in the United States Armed Forces in Germany. The parents were married and had joint rights of custody. In June 2000, the father was transferred to the U.S. Embassy […]
Janzik v. Schand, 2000 WL 1745203 (N.D.Ill.)
Rights of Access – Art. 21 The court adopted the approach taken in Bromley v. Bromley, which held that the Convention provided no remedy where there had been a breach of access rights unless there had also been a wrongful removal. Taking this approach the court found that there was no cause of action under […]
(DELETED) PE 36/1999 pm
Oberlandesgericht Celle, 18 UF 34/99, 17 August 1999
The child, a girl, was 8 _ months at the date of the alleged wrongful removal. She had lived in the United States since birth. On 28 September 1998 the Los Angeles Superior Court granted the mother temporary custody. A final hearing was scheduled for 16 October. On 4 October the mother took the child […]
7 UF 39/99, Oberlandesgericht Bamberg
The application related to a child born in 1996. He had spent his entire life in the United States with his parents until he was taken by his mother to Germany in December 1997. The purpose of this trip was the subject of dispute, it was the mother’s case that it was a permanent relocation, […]
Bundesverfassungsgericht, 2 BvR 420/99, 9 March 1999
The case concerned two children born in 1993 and 1995. The family lived in Sweden and the parents had joint custody. The parents separated a first time in February 1997. The father permitted the mother to take the children to Germany. However, pursuant to the mother’s admission to hospital in June, the father returned the […]
2 UF 156/98, Oberlandesgericht Zweibr?cken
L’enfant, n? en juillet 1997 en Allemagne, ?tait ?g? d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Le 16 juin 1998, les parents s’?taient s?par?s d’un commun accord. En juillet, la m?re alla aux Etats-Unis avec l’enfant. Le p?re saisit le juge aux affaires familiales (Familiengericht) de Landstuhl en vue […]
4 UF 223/98, Oberlandesgericht D?sseldorf
Removal and Retention – Arts 3 and 12 It was not seriously disputed by the mother that her actions in retaining the child were wrongful. Grave Risk – Art. 13(1)(b) It was noted that on the two evenings following the appeal hearing the child had suffered an asthma attack and had been placed under observation […]