III. ?S 440/2000 DAOUD / DAOUD

The child, a girl, was 8 at the date of the alleged wrongful retention. She had lived in Israel for the majority of her life. Her parents were married and had joint rights of custody. The father had Israeli nationality while the mother was Czech. In 1999 the mother went to the Czech Republic, her […]
Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001)

The children, two girls and a boy, were approximately 8 1/2, 4 1/2 and 4 1/2 respectively at the date of the alleged wrongful retention. They had lived in both Israel and the United States. The parents were married and had joint rights of custody. In April 1997 the mother took the children to the […]
Family Appeal 1169/99 R. v. L.

The child, a boy, was 10 at the date of the alleged wrongful removal. He had spent his entire life in the United States. The parents were divorced and shared custody, although there were repeated proceedings as to the division and nature of custody. In December 1995 and July 1998 the child was hospitalized in […]
Case No 5P.262/1999, 11/11/1999, Tribunal f?d?ral suisse

The children, a girl and a boy, were 6 and 2 years old respectively at the date of the alleged wrongful retention. They had lived in Israel all their lives. The parents were married and had joint rights of custody. In the summer of 1998, the mother left Israel with the two children for a […]
S. v. S., ‘ir’ur mehozi (Family Appeal) 128/99 (nyr)

The child, a boy, was 12 1/2 at the date of the alleged wrongful removal. The parents, both orthodox Jews, were married. The child lived in the United States but had made frequent and extended visits to Israel. The parents had been planning to emigrate to Israel. The father took the child to Israel without […]
P. (N.) v. P. (A.), 1999 CanLII 20724 (QC CA) (Droit de la Famille – 3193) SOQUIJ AZ-99011344

Grave Risk – Art. 13(1)(b) A grave risk defence should be based upon serious and convincing evidence. In ordinary circumstances, a parent’s refusal to accompany a child back to the place of habitual residence from which the child had been unlawfully removed was not a valid or acceptable reason for not making an order. In […]
Sampson v. Sampson, 267 Kan. 175, 975 P.2d 1211 (Kan. App. Apr. 16, 1999)

The children were 6 and 1 at the date of the alleged wrongful removal. They had lived in Israel all of their lives. In late 1995/early 1996 the parents went through a religious divorce in Israel, whereby the father was awarded custody. Notwithstanding this the children never exclusively resided with him. In October 1996 the […]
5P.1/1999, Tribunal f?d?ral suisse, (swiss Supreme Court), decision of 29 March 1999

Human Rights – Art. 20 The Supreme Court rejected the finding of the court of appeal noting that there was no evidence that a parent with no rights of custody could prevent the relocation of his children. Consequently if the mother in the present action were to be awarded sole custody by an Israeli court, […]
S.E.H. v. H.E.H., 21 December 1998, transcript, Holt Court of Execution and Enforcement

The children, two girls and a boy, were 13, 3 and 10 respectively at the date of the alleged wrongful retention. They had lived in both Denmark and Israel. The parents were married and had joint rights of custody. In December 1997 the family travelled to Norway to visit the maternal grandparents. At the time […]
Toren v. Toren, 26 F. Supp. 2d 240 (D. Mass. 1998)

The children were 7 and 4 at the date of the alleged wrongful retention. They had lived in both Israel and the United States. In December 1994 the parents divorced and were granted joint rights of custody. With parental agreement the Rabbinical District Court in Jerusalem ordered that the children would reside in Israel for […]