5P.310/2002 /zga, Bundesgericht II. Zivilabteilung, 18/11/2002
La m?re des deux enfants en cause ?tait allemande, et vivait en Nouvelle-Z?lande avec eux (et deux autres enfants issus d’un premier lit). Elle s’?taient s?par?e en 1997 du p?re des enfants en raison de sa violence. A la suite de la s?paration, les enfants avaient v?cu avec elle, le p?re b?n?ficiant d’un droit de […]
5P_65/2002/bnm, II. Zivilabteilung, arr?t du TF du 11 avril 2002
L’enfant, un gar?on, ?tait ?g? de pr?s de 4 ans et demi ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Les parents ?taient mari?s. Apr?s avoir v?cu en Afrique du sud, ils s’?taient install?s en Nouvelle-Z?lande fin janvier 2001. Le 27 juillet 2001, la m?re emmena l’enfant en Afrique du Sud, puis […]
D. v. G. [2001] 1179 HKCU 1
The child, a girl, was aged 8 1/2 at the date of the alleged wrongful removal. Her English father and Swiss mother were divorced. The child had lived initially in Hong Kong but then moved to Switzerland with her mother in August 2000 after a final custody order was made. That order of the Family […]
5P.477/2000/ZBE/bnm
The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]
5P.454/2000/ZBE/bnm, Bundesgericht, II. Zivilabteilung ((Tribunal F?d?ral, 2?me Chambre Civile)
The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]
Bundesgericht, II. Zivilabteilung (Federal Supreme Court, 2nd Civil Chamber) Decision of 13 September 2001, 5P.160/2001/min
The child, a girl, was two and a half years old at the date of the alleged wrongful removal. She had until then lived all of her life in the United States. The parents, an American father and a Swiss mother, had divorced in the United States in 1995 and had joint rights of custody. […]
Decision of the Cour d’appel du canton de Berne, S-359/1/2001, 02/10/2001
The children, 3 boys, aged 8 _, 6 _ et 3 _, were living in Spain at the time of the alleged wrongful retention. The parents were married and both enjoyed custody rights in respect of the children. On 6 April 2001 the mother took the boys to Switzerland for a vacation. On 16 April […]
Decision of the Obergericht des Kantons Luzern, 220168, 31/08/2001
The child, a girl, was aged 3 _ and living in Cyprus at the time of the alleged wrongful removal. The parents had divorced in November 2000. One month later, before any custody decision was delivered, the mother and her boyfriend took the child to Switzerland. The father’s return petition was issued at the l’Amtsgericht […]
D. v. D. 2002 SC 33
The case related to a boy aged almost 5 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. During the course of the marriage the mother had suffered from severe depression and had made several suicide attempts. The child had lived in Scotland, Germany and Switzerland. […]
D. v. D. [2001] ScotCS 103
Aims of the Convention – Preamble, Arts 1 and 2 The court recalled that an order in favour of the Petitioner was not determinative of who should ultimately have care of the child, rather it was simply that the child should be returned to his State of habitual residence. Moreover, there was no requirement to […]
