M. v. K. 31/3/1999; District Court of Reykjanes, Iceland
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
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)
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 […]
Re S. (Abduction: Return into Care) [1999] 1 FLR 843
Grave Risk – Art. 13(1)(b) It was argued that the allegations of sexual abuse were of such a nature to activate the Article 13(1)(b) exception. This was rejected by the court. In this the court noted that the Swedish authorities were aware of the case and had taken steps to ensure that the child would […]
M. v. K. 20/02/1998; Iceland Supreme Court
The child, a girl, was approximately 9 at the date of the alleged wrongful removal. She had lived in Sweden all of her life. The parents’ cohabitation ended in August 1997. Both remained in Sweden and the child stayed alternately with her mother and father. However, under Swedish law the mother had sole custody, the […]
R? 1996 ref 52, A.F.J. v. T.J., 9 May 1996, Supreme Administrative Court of Sweden
The child, a girl, was 7 2/3 at the date of the alleged wrongful retention. The parents were divorced. A shuttle custody arrangement was established whereby the child would continually move between Sweden and the United States and the custody of her mother and father every few years. The parties also included a clause that […]