Droit de la Famille 2785, No 500-09-005532-973
L’affaire concernait un enfant de parents espagnols, n? ? Paris en janvier 1989. D?s l’automne pr?c?dent, les parents s’?taient s?par?s, le mari entretenant une relation avec une autre femme. La m?re et l’enfant s’install?rent en Espagne. Les relations des parents ?taient conflictuelles, diverses proc?dures judiciaires ?tant engag?es de 1989 ? 1992. En ao?t 1992, ? […]
Re S., Auto de 21 abril de 1997, Audiencia Provincial Barcelona, Secci?n 1a
Rights of Custody – Art. 3 Under Israeli law the parents had joint rights of custody and therefore the joint right to decide the child’s place of residence. Neither parent could take the child out of the country without the consent of the other. The court noted that even in a case where the mother […]
Caro v. Sher, 296 N.J. Super. 594, 687 A.2d 354 (Ch. Div. 1996)
The children were 13, 11 and 7 at the date of the alleged wrongful removal. They had lived in Spain all of their lives. In February 1993 the tribunal of first instance in Alicante delivered a provisional decree granting the mother physical custody of the children. In July 1993 the mother travelled with the children […]
R. v. R. (Residence Order: Child Abduction) [1995] Fam 209, [1995] 3 WLR 425
The hearing related to three children who were aged 11, 7, and 4. They had lived all of their lives in Tenerife before being taken by their mother to England on 21 April 1994. This was prima facie in violation of the father’s right of veto over the removal of the children from the jurisdiction. […]
P. v. B. (Child Abduction: Undertakings) [1994] 3 IR 507
The child, a girl, was 1 2/3 at the date of the alleged wrongful removal. She had lived in Spain all of her life. The parents were not married. On 28 May 1993 the mother went to Ireland, her State of origin, with the child. At the mother’s request the father agreed to give her […]
Bordera v. Bordera 1995 SLT 1176
The child, a boy, was 8 1/4 at the date of the alleged wrongful removal. He had lived in Spain all of his life. The parents were separated. Under a binding agreement the mother had care of the child, the father access. On 6 December 1993 the mother took the child to Scotland without the […]
43R466/90 Landesgericht f?r Zivilrechtssachen Wien
The child, a boy, was 6 years old at the date of the alleged wrongful removal. He had lived in Spain with both of his parents since his birth. The parents were married and had joint rights of custody. On 8 February 1990 the mother travelled to Austria with the child without informing the father. […]
7Ob573/90 Oberster Gerichtshof
The child, a girl, was 15 months old at the date of the alleged wrongful removal. She had lived in Spain since birth. The parents were married and both had joint rights of custody. On 26 June 1988 the mother brought the child to Austria without the consent of the father. On 29 December 1989 […]
Navarro v. Bullock, 15 Fam. L. Rep. (B.N.A.) 1576 (Cal. Super. Ct. 1989)
The children, a girl and a boy, were nearly 11 and 9 respectively at the date of the alleged wrongful retention. They had lived in Spain for the majority of their lives. The parents were separated. The father had provisional custody and the mother had visitation rights. In April 1985 the mother took the children […]
