H.D. et N.C. c. H.F.C., Cour d’appel du Qu?bec, 15 mai 2000, N? 500-09-009601-006 (500-04-021679-007)
L’enfant en cause ?tait n? en Italie en 1992. La famille, originaire d’Iran, y r?sidait l?galement depuis les ann?es 80. Le p?re ?tait souvent violent ? l’?gard de la m?re. L’enfant ayant contract? une grave maladie, la m?re l’emmena aux Etats-Unis avec un visa de touriste pour l’y faire suivre m?dicalement pendant un mois. Apr?s […]
Director-General, NSW Department of Community Services and Odierna, 17 March 2000, Family Court of Australia (Sydney) [2000] FamCA 2102
Rights of Access – Art. 21 Under different Italian court orders the father had sole custody in respect of the child. Consequently he did not have any order conferring him with access rights. Having failed in his return application he sought to argue that his custody order was the equivalent of an order providing for […]
Kantonsgericht von Graub?nden (Court of Appeal of the Grisons Canton), decision of 6 March 2000, PZ 00 9
The child, a girl, was aged 10 at the date of the alleged wrongful retention. Until then she had been living in Italy. The child’s mother was dead and she was cared for by the maternal grandmother at the request of the father who served as a Swiss guard at the Vatican. In 1999 the […]
B. v. UK [2000] 1 FLR 1
Rights of Custody – Art. 3 The father complained that under Article 14 taken in conjunction with Article 8 of the European Convention that, because he was not married to the mother of his child, he was not able to obtain an ex parte declaration that his child had been unlawfully removed from England and […]
Finizio v. Scoppio-Finizio (1999), 46 O.R. (3d) 226 (C.A.)
The father, an Italian national, and the mother, a Canadian immigrant who was born in Italy, married in 1990 and resided in Italy during their marriage. They had two children, girls aged 2 and 7. The father and mother separated in 1998. In December 1998, the mother brought the children to Canada. The father brought […]
D.I. Petitioner [1999] Green’s Family Law Reports 126
The case related to a boy aged 4 at the date of the alleged wrongful removal. The parents were separated and had joint rights of custody. The child had lived in Sicily in Italy. On or about 6 August 1998 the mother took the child to Scotland. The father petitioned for the return of the […]
Director-General Department of Community Services and Odierna, 5 March 2000 (1999), Family Court of Australia (Sydney) [1999] FamCA 2201
Objections of the Child to a Return – Art. 13(2) The court accepted existing Australian case law that ordinarily the relevant objection for the purposes of the Convention was to a return to the State of habitual residence and not to life with a particular parent. However, the court held that the instant case was […]
45R889/98p Landesgericht f?r Zivilrechtssachen Wien
The child, a girl, was 4 months old at the date of the alleged wrongful removal. Her parents were not married however both parents possessed rights of custody. The child lived with her mother. On 14 October 1998 the father visited the child and her mother in Italy. During the mother’s absence from the home, […]
?.L.K. 16. november 1998, 14. afd., B-2805-98
Rights of Custody – Art. 3 The court noted that the parents had joint rights of custody and that the mother’s removal of the child to Denmark breached the father’s rights and was therefore wrongful.
5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung
The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]
