Re B. (Abduction: Acquiescence) [1999] 2 FLR 818
The child, a girl, was 5 at the date of the alleged wrongful removal. She had lived in both England and the United States. Her parents were married and had joint rights of custody. On 4/5 October 1997 the mother went to England, her State of origin, with the child. On 11 February 1998 the […]
Re M. (Abduction: Leave to Appeal) [1999] 2 FLR 550
The child was 2 at the date of the alleged wrongful removal. He was taken from South Africa by his English mother. His father, a South African Zulu, then commenced return proceedings under the Convention. The trial judge found that there had been a wrongful removal but having heard oral evidence he refused to order […]
Re D. (Abduction: Custody Rights) [1999] 2 FLR 626
Rights of Custody – Art. 3 The mother adduced expert evidence of Zimbabwe law, in particular s. 5(1) of the Guardianship of Minors Act, which entered into effect in 1961, that where either of the parents of a minor child leaves the other and the parents commence to live apart, the mother shall have sole […]
Bromley v. Bromley, 30 F. Supp. 2d 857 (E.D. Pa. 1998)
The children, a girl and a boy, were born in October 1987 and 1989 respectively. They had lived in the United States all of their lives. The parents were divorced. The mother had sole custody, the father access. At some point after the divorce the father moved to England. The father asserted that he had […]
In re C.L. (a minor); J.S. v. C.L., transcript, 25 August 1998
The child was 3 at the date of the alleged wrongful removal. The parents were not married but both had rights of custody. The child had initially lived in Dublin but in April 1997 the mother unilaterally took the child to Belfast in Northern Ireland. The father did not petition for the child’s return under […]
Re S. (Abduction: Return into Care) [1999] 1 FLR 843
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 […]
Re W. (Child Abduction: Unmarried Father) [1999] Fam 1
The two children were 4 1/2 and almost 3 at the date of the alleged wrongful removal. The parents were not married and the father had no legal custody rights in respect of them. On 5 September 1997 the mother took the children to Australia. In March 1996 the father had applied for parental responsibility […]
Re W. (Minors) (Abduction: Father’s Rights) [1999] Fam 1
The children were 4 _ and almost 3 at the date of the alleged wrongful removal. They had until then spent all of their lives in England. The parents were not married. They cohabited until September 1995, thereafter the children lived with the mother. In March 1996 the father applied to the local family proceedings […]
Re D. (Abduction: Acquiescence) [1998] 2 FLR 335
The children were 5 and 3 at the date of the alleged wrongful retention. They had lived in Australia all of their lives. The parents were married and had joint rights of custody. In July 1997 the mother took the children to the United Kingdom, her State of origin, for a holiday. On 11 August […]
A.S. v. E.H. & M.H. (Child Abduction) (Wrongful Removal) [1999] 4 IR 504
The child, a boy, was 1 at the date of the alleged wrongful retention. The infant had lived in both England and Ireland. The parents were not married and the father had no custody rights in respect of the boy. On 11 March 1996, the day after the death of the mother, the maternal grandmother […]