2017 (Ju) No. 2015 Case of a request for Habeas Corpus relief

INCADAT legal file Hague parental abduction

The parents are both Japanese nationals. After their marriage, they first resided in Japan. The first son was born there in 1996 and the daughter in 1998. After the entire family moved to the United States, the second son was born there in 2004. He is a national of Japan and the United States. In […]

2017 (Ra) No. 525 Appeal case against an order to return the child

INCADAT legal file Hague parental abduction

The father is a United States national, the mother a Japanese national. They met in Japan while the father was serving for a United States military base and married in Japan in 2012. The couple lived with the mother’s son from her previous marriage in Japan. The father returned to the United States, followed by […]

2017 (Ra) No. 742 Appeal case against an order of the return of a child

INCADAT legal file Hague parental abduction

Grave Risk – Art. 13(1)(b) Firstly, the mother contended that the father was exercising violence, creating a grave risk of harm to her life and body, and may well continue exercising such violence in a way that would expose the daughter to psychological harm by witnessing it (given that the Singaporean personal protection order allegedly […]

2015 (Ra) No. 491 Case on Appeal against a return order

INCADAT legal file Hague parental abduction

Objections of the Child to a Return – Art. 13(2) The father argued that B and D had attained an age and degree of maturity at which it is appropriate to take account of their views, and that they objected to being returned to the state of their habitual residence even though their objections primarily […]

LPQ v LYW [2014] HKCU 2976

INCADAT legal file Hague parental abduction

The case concerned two children, born in 2008 and 2013 to married parents. The mother held a Chinese mainland passport and was working in Japan. The father held a Hong Kong passport and operated a procurement business, on a part-time basis, between Hong Kong and Japan. In April 2008, the father moved to Japan under […]

Re R (A Child) [2014] EWHC 2802 (Fam)

INCADAT legal file Hague parental abduction

The proceedings related to a Japanese child aged 7 who was born to Japanese parents. The parents married in September 2005 and separated in April 2013, whereupon they reached an agreement through mediation with the Family Court in Tokyo. This was entered onto the court record and provided that the mother would have primary care, […]

Shortridge-Tsuchiya v. Tsuchiya, 2009 BCSC 541, [2009] B.C.W.L.D. 4138

INCADAT legal file Hague parental abduction

The child, a boy, was 7 years of age at the time of alleged wrongful removal. He had been born in Japan to his Japanese father and Canadian mother. The child had Canadian and Japanese citizenship and was fluent in English and Japanese. In December 2007 the father told the mother that he would seek […]