Re S. (Abduction: Return into Care) [1999] 1 FLR 843

INCADAT legal file Hague parental abduction

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

INCADAT legal file Hague parental abduction

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

INCADAT legal file Hague parental abduction

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 […]