Family Appeal 001109/06, G.H. v G.Y.
The application related to a child, who was 2 1/2 years old at the time of the alleged wrongful removal and who was born and raised in Israel. During the summer of 2005, the mother took the child to the U.S. informing the father they would return on 2 September 2005. Two days before this […]
Cantor v. Cohen, 442 F.3d 196 (4th Cir. 2006)
The application related to three of the four children born to a couple, who, whilst married, had resided in Israel. The parents divorced in July 1998, the decree being pronounced by a Rabbinical Court. The latter provided that the father would have custody of the two older children, the mother custody of the two younger […]
Eskinazi and Chelouche v. Turkey (Application No 14600/05)
The case related to a girl born in 2000 in Israel to a Franco-Turkish mother and a Franco-Israeli father. The girl possessed French, Israeli and Turkish nationalities. The parents were married and travelled frequently with their daughter between the three countries. On 8 April 2004 the mother took her daughter to Turkey for a ten […]
Wiezel v. Wiezel-Tyrnauer, 388 F. Supp. 2d 206 (S.D.N.Y. 2005)
The application related to four children who were living in Israel before being allegedly wrongfully retained by their mother in the United States after having travelled there in June 2001. The parents were divorced and had entered into an informal agreement whereby the mother would have custody, the father access. In the aftermath of the […]
Family Appeal 1026/05 Ploni v. Almonit
The children, two boys, were 2 and 1 years old respectively at the date of the alleged wrongful retention. The parents, both Israeli citizens, had spent a year in Paraguay (September 1998 to November 1999) as emissaries of the Israeli Foreign Office. After returning to Israel, the father went to Venezuela in March 2001 for […]
Family Application 046252/04 Ploni v Almonit
The children, two boys, were 2 and 1 years old respectively at the date of the alleged wrongful retention. The parents, both Israeli citizens, had spent a year in Paraguay (September 1998 to November 1999) as emissaries of the Israeli Foreign Office. After returning to Israel, the father went to Venezuela in March 2001 for […]
Gitter v. Gitter, 396 F.3d 124 (2nd Cir. 2005)
Habitual Residence – Art. 3 For the father’s application to be valid it had to be shown first that the child was habitually resident in Israel at the date of the alleged wrongful retention. The trial court had rejected this finding on the basis that the parents never had a shared intention that the child […]
Family appeal 575/04 Y.M v. A.M
The proceedings related to two children, one born in Israel in 1998, the other in England in 2000. The parents, who were Israeli nationals, moved from Israel to England in 2000 prior to the birth of the second child. The father was to undertake a masters degree in law at Oxford University. Under the terms […]
Family Appeal 621/04 D.Y v. D.R
Acquiescence – Art. 13(1)(a) The fact that the father had not seen the girls for the past year and a half, even though he had had the opportunity to do so, was held to be acquiescence within Article 13(1)(a) of the Convention. Grave Risk – Art. 13(1)(b) The Court distinguished the present case from that […]
Family Appeal 548/04, Plonit v. Ploni
The proceedings related to two children, both girls, who were born in 1995 and 1998 and lived in France. The parents, who were not married, separated in September 1999. The mother alleged that she had been the victim of domestic violence. On 29 June 2000 a French court ordered that the children live with the […]
