Cour d’appel de Luxembourg, 30 octobre 2002, No de r?le 26941
L’affaire concernait un enfant n? en 1998. Depuis la s?paration des parents le 26 avril 2002, l’enfant ?tait all? au Luxembourg avec sa m?re o? il ?tait retenu illicitement depuis qu’un tribunal allemand avait ordonn? le 11 juillet 2002 le retour de l’enfant pr?s du p?re, en Allemagne. Le p?re demanda le retour. Le 5 […]
P. v. P.
The children, two girls, were aged 7 and almost 3, at the date of the alleged wrongful retention. The children and mother are German nationals. The parents married in June 1991 in Germany. The parties had lived in Australia for a period of time but returned to Germany in September/October 1998. On 17 June 2001, […]
Tribunal for Children, Palermo, 28 March 2002, Case No. 8/2002 Civ. Reg. gen. – N. 1596 Reg. Cron.
Rights of Custody – Art. 3 The court ruled that the removal of the child had violated the mother’s exclusive right to decide the chld’s residence, a right which had been recognized by the Court of Heilbronn. Grave Risk – Art. 13(1)(b) The court ruled, on the evidence before it, that the child would not […]
Oberlandesgericht Dresden, 10 UF 753/01, 21 January 2002
The child, a girl, was 10 years old at the date of alleged wrongful removal. Prior to the removal she had lived in Florida with her mother. In March 2001 the parents entered into an agreement whereby the mother would have primary care of the child, the father generous visitation rights. In addition both parents […]
Tribunal for Children, Rome, 25 January 2002, Case No. 538/02.
The child, a girl, was 13 years old at the date of the application. The father claimed that the child’s mother prevented him from exercising his rights of access. The mother maintained however that the father had ceased coming to Italy to see the girl. This had stemmed from an incident in which the girl […]
A.Q. v. J.Q., 12 December 2001, transcript, Outer House of the Court of Session
The children, a boy and a girl, were 11 _ and 9 _ respectively at the date of the alleged wrongful removal. They had lived in Germany all of their lives. The parents were separated and had commenced custody proceedings prior to the removal. On 4 April 2001 the Magistrates’ Court of Weinheim made a […]
Tribunal for Children, Cagliari, 15 November 2001, Case No. 682/01 V.G. et 1785 Cron.
The child, a boy, was approximately two years old at the date of the alleged wrongful removal. The parents, Italian citizens, were not married. They had been living in Germany. The parents decided to separate and after the mother left the family residence, the father took the child to Italy and left him with the […]
Tribunal for Children, Florence, 29 August 2001, Case No 810/01 C et n. 3690 Cron.
The child, a boy, was 2 _ years old at the time of the alleged wrongful removal. His parents were married but separated. On 5 September 2000, a judge in Kempen, Germany, awarded the mother the right to decide the child’s residence. The child had at that time been living with his mother in Germany. […]
Bundesgerichtshof, XII. Zivilsenat, XII ZB 99/01, 18 July 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]
Oberlandesgericht Celle, 15 UF 85/01, 24 April 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]