TGI Montpellier, 1 f?vrier 2000, No 00310/00
L’enfant, une fille, ?tait ?g?e de 19 mois ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Elle avait jusqu’alors toujours v?cu en Grande-Bretagne avec ses parents. A la suite d’une m?sentente entre les ?poux, le p?re obtint du tribunal de Stockport une ordonnance interdisant ? la m?re de sortir l’enfant du territoire […]
P. v. S., 2002 FamLR 2
The application related to a boy born in the United States in December 1990. The parents were married but separated in February with the mother moving with the child to a different state. In 1995 the father issued custody proceedings. In August 1996 the mother took the child from the United States to Europe. She […]
Secretary For Justice v. Parker 1999 (2) ZLR 400 (H)
The children were 6 1/2 and 4 at the date of the alleged wrongful removal. They had lived all of their lives in England. The parents were separated and had joint rights of custody. In early February 1999 the mother took the children to Zimbabwe, her State of origin. On 16 February 1999 the father’s […]
TGI Guingamp, 2 septembre 1999, No de RG 99/00777
L’enfant, un gar?on, ?tait ?g? de 13 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Les parents avaient divorc?; l’enfant r?sidait chez son p?re en Angleterre, la m?re ayant un droit de visite. A l’issue d’une p?riode de visite et d’h?bergement en France chez sa m?re, l’enfant ne rentra pas en […]
B. v. UK [2000] 1 FLR 1
Rights of Custody – Art. 3 The father complained that under Article 14 taken in conjunction with Article 8 of the European Convention that, because he was not married to the mother of his child, he was not able to obtain an ex parte declaration that his child had been unlawfully removed from England and […]
Donofrio v. Burrell, 2000 S.L.T. 1051
The application related to two girls, aged 10 and 8 1/2 at the date of the hearing. The parents divorced in Canada in 1991, a little over a year after the birth of the second child. The mother was awarded custody, the father access. In 1997 the mother took the 2 children, plus a child […]
Re E. (Abduction: Non-Convention Country) [1999] 2 FLR 642
Non-Convention Issues The mother argued that the trial judge had erred in making a return order since under Sharia rules that would lead to the children being separated from both parents. Seeking to rely on the earlier Court of Appeal decision in Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231 [INCADAT cite HC/E/Uke […]
Re J. (Abduction: Declaration of Wrongful Removal) [1999] 2 FLR 653
The child, a boy, was 1 1/2 at the date of the alleged wrongful removal. He had lived in England since his birth in the same household with both his parents. His parents were not married. Some time around February 1999 the father invited the mother to make a parental responsibility agreement with him but […]
D.I. Petitioner [1999] Green’s Family Law Reports 126
The case related to a boy aged 4 at the date of the alleged wrongful removal. The parents were separated and had joint rights of custody. The child had lived in Sicily in Italy. On or about 6 August 1998 the mother took the child to Scotland. The father petitioned for the return of the […]
Re C. (Abduction: Grave Risk of Physical or Psychological Harm) [1999] 2 FLR 478
The child, a boy, was 6 at the date of the alleged wrongful removal. He had spent his entire life in Cyprus. The parents’ marriage had long been in difficulties. On 2 December 1997 the father obtained an injunction from the Larnaca District Court restraining the mother from removing the child from the jurisdiction. Nevertheless, […]