Re B. (Children)(Abduction: New Evidence) [2001] 2 FCR 531
The application related to three children, aged almost 14, 12 and almost 10, at the date of the alleged wrongful removal. Until that moment they had spent their entire lives in New Zealand. The parents were divorced and in a separation agreement made in 1991 they had agreed to joint custody, albeit with the mother […]
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 […]
Al Habtoor v. Fotheringham [2001] EWCA Civ 186
Habitual Residence – Art. 3 The issue for the court was whether the child was habitually resident in England on 10 February 2000, the date on which the mother launched her proceedings. It was argued for her first that the trip to Dubai was no more than a reconnaissance and that the family retained their […]
Droit de la famille 3713, No 500-09-010031-003
La demande concernait trois enfants de parents mari?s. La famille avait v?cu au Canada de 1990 ? 1999. La m?re, d’origine anglaise, avait rencontr? un autre homme en Angleterre lors d’un s?jour dans sa famille. Elle forma alors le projet de vivre en Angleterre avec toute sa famille. En septembre 1999, elle y alla pour […]
Droit de la Famille 3719, No 505-04-007771-009
La demande concernait trois enfants de parents mari?s. La famille avait v?cu au Canada de 1990 ? 1999. La m?re, d’origine anglaise, avait rencontr? un autre homme en Angleterre lors d’un s?jour dans sa famille. Elle forma alors le projet de vivre en Angleterre avec toute sa famille. En septembre 1999, elle y alla pour […]
Re N. (Abduction: Habitual Residence) [2000] 2 FLR 899
The children were aged, 5, almost 4 and 1 _ at the date of the alleged wrongful removal. They had lived in England for the majority of their lives. The parents were married and had joint rights of custody. The parents’ marriage was somewhat tempestuous. There were allegations of domestic violence and heavy drinking by […]
Re T. (Abduction: Child’s Objections to Return) [2000] 2 F.L.R. 192
The children, a girl and a boy, were 11 and 6 1/2 at the date of the wrongful removal. The parents, who were separated, had joint rights of custody. The parents were British but had moved to Spain shortly before the birth of their son. The children’s home was in Spain. Custody proceedings in respect […]
Re M. (Abduction: Intolerable Situation) [2000] 1 FLR 930
The three children were aged 6, 5 and 4 at the date of the alleged wrongful removal. They were born in Norway and had lived there their entire lives. The parents, both Somali nationals, were married and had joint rights of custody. The parent’s relationship was clearly a troubled one. In 1994 the father was […]
Re H. (Abduction: Habitual Residence: Consent) [2000] 2 FLR 294
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 […]
Re H. (A Minor) (Abduction: Rights of Custody) [2000] 2 AC 291
The child, a girl, was 6 at the date of the alleged wrongful removal. She had until then lived all of her life in the Republic of Ireland. The parents, who had never married, separated in 1995. On 11 April 1996 the District Court of Carrigaline, by consent, made a custody order in favour of […]