Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
The children, a boy and a girl, were 6 2/3 and 3 respectively at the date of the first alleged wrongful removal. They had until then lived in Germany all of their lives. The parents were separated and had joint rights of custody. On 17 February 1997 in a custody hearing in Germany the mother […]
562 f 4374/98, Familiengericht M?nchen (Family Court of Munich) (Germany), 23 October 1998
The child, a boy, was 1 at the date of the alleged wrongful retention. He had lived in both the United States and Germany. The parents were separated. On 27 April 1998 the Circuit Court for Baltimore County declared binding a parental agreement whereby the parents were to have joint legal custody of the child. […]
2 BvR 1206/98, Bundesverfassungsgericht, 17 August 1998
Procedural Matters The Federal Constitutional Court ruled that the constitutional complaint filed by the father was admissible; this justified the issuance of the provisional measure preventing the enforcement of the return decision taken by the Higher Regional Court. The non-enforceability of the decision provided legal certainty until the Federal Constitutional Court had ruled on the […]
2 BvR 1206/98, Bundesverfassungsgericht, 16 July 1998
35 F 1162/98-52, Familiengericht Frankfurt (Family Court) (Germany), 16 October 1998
Rights of Custody – Art. 3 The court held that while the father possessed joint rights of custody he could not establish that he was actually exercising those rights at the time of the child’s removal. The child lived with the mother in Florida following the parental separation. The court found that the father did […]
Harkness v. Harkness, 227 Mich. App. 581, 577 N.W. 2d 116 (Mich. Ct. App. 1998)
The children, both girls, were 6 and 4 at the date of the alleged wrongful retention. They had lived in both Germany and the United States. The parents were married and had joint rights of custody. In July 1995 mother and children travelled to Michigan to stay with the paternal grandparents. The nature of the […]
Re S. (Child Abduction: Delay) [1998] 1 FLR 651
The child, a girl, was nearly 10 at the date of the second alleged wrongful removal. She had lived in Germany for a majority of her life. The parents were separated and had joint rights of custody. On 31 May 1996 the mother took the child to England. On 26 September 1996 the child returned […]
Bundesverfassungsgericht, 2 BvR 1126/97, 18 July 1997
The children, two boys, were 7 and 6 respectively at the date of the alleged wrongful removal. Until then they had lived in Argentina all of their lives. The parents divorced in 1994 and the mother was awarded custody. However, under s. 264 (4) of the Argentinian Civil Code, even after a divorce, the agreement […]
Re O. (Child Abduction: Custody Rights) [1997] 2 FLR 702, [1997] Fam Law 781
The child, a girl, was 4 1/2 at the date of the alleged wrongful removal. She had lived in Germany all of her life. On 16 December 1996 the mother and her British partner took the girl to England. The parents of the child were married but it was not the father who sought the […]
Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
The child, a boy, was aged 1 _ at the date of the alleged wrongful removal. Prior to the removal he had lived all of his life in Germany. The parents were separated, but, on 13 March 1995 they entered into an agreement as to the care of the child. On 13 November the mother […]