Paz v. Paz, 169 F. Supp. 2d 254 (S.D.N.Y. 2001)
The child was 12 _ at the date of the alleged wrongful retention. She had lived in the United States, Peru and New Zealand. Her longest period of residence in a single country was in Peru between 1993 and 1998, thereafter her country of residence changed at least 9 times. The parents, both Peruvian citizens, […]
Secretary for Justice v. A., ex parte B.
The children, a boy and a girl, were aged 11 _ and 10 at the date of the alleged wrongful retention. They had lived in South Africa all of their lives. The parents entered into an Islamic marriage in South Africa. Under South African law such marriages are not afforded recognition, consequently any children born […]
Callaghan v. Thomas [2001] NZFLR 1105
Habitual Residence – Art. 3 The nature of the child’s stay in New Zealand was the subject of dispute. The mother argued that it was to be for a maximum period of 6 ? 12 months on the basis that if he were not able to settle he would be returned immediately. It was the […]
Re B. (Children)(Abduction: New Evidence) [2001] 2 FCR 531
The application related to three children, aged almost 14, 12 and almost 10, at the date of the alleged wrongful removal. Until that moment they had spent their entire lives in New Zealand. The parents were divorced and in a separation agreement made in 1991 they had agreed to joint custody, albeit with the mother […]
McL. v. McL.
The four children, two boys and female twins were aged 13, 10 and 8 at the date of the alleged wrongful removal. They were all born in the United States and lived there all of their lives. The parents were separated. The children remained in the actual care of the mother. In the summer of […]
Secretary for Justice v. C., ex parte H.
Grave Risk – Art. 13(1)(b) The Court held that care had to be taken against allowing evidence which was primarily directed to what the child’s best interests would be in any dispute over primary care. It noted that the following general principles were relevant: 1) The focus is on the child’s situation, not that of […]
The Chief Executive of the Department for Courts for R. v. P., 20 September 1999, Court of Appeal of New Zeeland
The children, a boy and a girl, were 6 1/2 and 3 1/2 respectively at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated and the children lived with the mother. In December 1996 the parents agreed that the children would reside with the […]
Dellabarca v. Christie [1999] NZFLR 97
The child, a boy, was 2 at the date of the alleged wrongful removal. He had lived in New Zealand all of his life. The parents were not married. On 10 November 1995 a Family Court appointed counselor facilitated an agreement between the parents whereby the mother would have custody and the father weekly access. […]
Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
The children, two boys and a girl, were 5 1/2, 3 1/4, and 2 1/3 at the date of the alleged wrongful removal. They had lived in New Zealand all of their lives. The parents were not married. On 21 March 1997 the mother took the children to Australia. On 7 April 1997 the District […]
Re S. (Abduction: Children: Separate Representation) [1997] 1 FLR 486
The children, two girls, were 14 and 11 3/4 at the date of the alleged wrongful removal. They had lived in New Zealand for the majority of their lives. The parents were separated. In late 1986 the mother took the children to the United Kingdom. On 20 June 1986 the High Court ordered the return […]
