State Central Authority & Peddar [2008] FamCA 519

INCADAT legal file Hague parental abduction

The application related to two children, born in April 1997 and April 1999 respectively. They had lived in Sweden with their parents until early 2004 when they relocated to Australia with their father. Prior to the move a district court in Sweden made an order with regard to access arrangements. This order was subsequently upheld […]

Family case 107064/99 K.L v. N.D.S.

INCADAT legal file Hague parental abduction

The proceedings related to a child, a boy, who was aged 12 at the date of the alleged wrongful removal. He was born in Sweden and lived there for the first two years of his life. His parents’ marriage then ended and the mother took him to Israel. The child spent summer vacations with the […]

Danaipour v. McLarey, 183 F. Supp. 2d 311 (D. Mass. 2002)

INCADAT legal file Hague parental abduction

The children, two girls, were 7 and 3 years old at the date of the alleged wrongful removal. They had lived all of their lives in Sweden. In October 2000 a Stockholm court put in place a joint custody regime whereby the children would spend alternate weeks with each parent. The mother undertook not to […]

Re H. (Abduction: Habitual Residence: Consent) [2000] 2 FLR 294

INCADAT legal file Hague parental abduction

The child, a boy, was 3 1/2 at the date of the alleged wrongful retention. He was born in Sweden to a Swedish mother and British father. The parents never married but 2 months after the child was born they entered into a formal written agreement (“Bekraftelse”) in which they confirmed the child’s paternity and […]

H. v. H.

INCADAT legal file Hague parental abduction

The children, a girl and a boy, were habitually resident in the United States. The parents had joint rights of custody. In late July/early August 1999 the mother retained the children in Sweden during a vacation. The father petitioned for the return of the children.

M. v. K. 31/3/1999; District Court of Reykjanes, Iceland

INCADAT legal file Hague parental abduction

The children, three siblings, were approximately 7, 8 and 10 years old at the date of the alleged wrongful removal. They had previously lived had lived in Sweden with their parents. In March 1998 following the end of the marriage a Swedish court ordered that the parents should have joint custody, with the children living […]

Bundesverfassungsgericht, 2 BvR 420/99, 9 March 1999

INCADAT legal file Hague parental abduction

The case concerned two children born in 1993 and 1995. The family lived in Sweden and the parents had joint custody. The parents separated a first time in February 1997. The father permitted the mother to take the children to Germany. However, pursuant to the mother’s admission to hospital in June, the father returned the […]

C. v. M., 18 December 1998, Administrative Court of Appeals (Stockholm, Sweden)

INCADAT legal file Hague parental abduction

Habitual Residence – Art. 3 The mother sought to argue that the child had not acquired a habitual residence in Texas notwithstanding over 2 years residence there. The mother argued that she had always retained the intention of returning to Sweden, both her and the child were Swedish citizens and the child was listed with […]