W. v. W., 2004 S.C. 63 IH (1 Div)
The application related to four children aged between 3 1/2 and 9 at the date of the hearing. The eldest child was a child of the mother by a previous relationship. The family emigrated from Scotland to Australia in 1998. The youngest child was born in Australia in 1999. The parents separated in November 2001. […]
State Central Authority, Secretary to the Department of Human Services v. Mander [2003] FamCA 1128
Grave Risk – Art. 13(1)(b) The trial judge examined the factual scenarios and outcomes in several cases including Walsh, Pollastro, Re F., and Murray, and concluded that there was not the same level of violence or intensity of threats in the present case. Nevertheless there was a common sub-theme of an ongoing and chronic situation […]
Re R. (Abduction: Habitual Residence) [2003] EWHC 1968
Habitual Residence – Art. 3 The issue before the Court was where was the child habitually resident in March 2003. If there was to be a wrongful retention that child had to be habitually resident in Germany. There was significant dispute between the parents as to the nature of their stay in Germany. It was […]
11 UF 121/03, Oberlandesgericht Hamm
Rights of Custody – Art. 3 Actual Exercise Under English law, the law of the children’s State of habitual residence, the father held rights of custody, including the right to determine the children’s place of residence. The Court found that the father continued to exercise this right after his separation from the mother. It ruled […]
C. v. C. 2003 S.L.T. 793
Removal and Retention – Arts 3 and 12 – Consent – Art. 13(1)(a) The mother submitted that the father had consented to the removal and in this relied upon a note he had written on 8 July 2008 which affirmed that he assigned all rights to the child to the mother and allowed her to […]
Fawcett v. McRoberts, 326 F.3d 491 (4th Cir. Va., 2003)
The child, a boy, was seven years old at the date of the alleged wrongful removal. He had lived in Scotland all of his life. The parents were divorced and the father had been granted care of the boy and an older sister, the mother access. The parents were involved in ongoing litigation over custody […]
Re H. (Children) (Child Abduction: Grave Risk) [2003] EWCA Civ 355
The children were aged 9, 6 and 5 at the date of the alleged wrongful removal. Until then they had lived all of their lives in Belgium. None of the members of the family spoke English. The parents were married and had joint rights of custody. The mother had another child from a previous marriage […]
W. v. W. 2003 SCLR 478
There were four children of the marriage, two girls and two boys. The eldest child was aged 9 at the date of the proceedings. It was accepted that all four children had been wrongfully removed from Australia to Scotland by their mother.
Re S. (A Child: Abduction) [2002] EWCA Civ 1941, [2003] 1 FLR 1008
The child, a boy, was 7 at the date of the alleged wrongful retention. He was born in Germany and had German nationality. The mother was German and the father was Welsh. They had married in September 1996 and were divorced in August 1998. On 15 February 1999 the mother was awarded residence and the […]
M.M v. A.M.R. or M. 2003 SCLR 71
The three children, two girls and a boy, were aged 5, 3 and 2 respectively, at the date of the alleged wrongful retention. They were habitually resident in the USA. The parents were married and had joint rights of custody. On 3 May 2001 the mother travelled to Scotland with the three children in order […]