Re H.B. (Abduction: Children’s Objections) (No. 2) [1998] 1 FLR 564
The children, a boy and a girl, were aged 13 and 11 1/2 respectively at the date of the alleged wrongful retention. They had lived in Denmark for seven years. The parents were divorced. The mother had care and control and the father had access. Following a wrongful retention by the father on 17 October […]
Re S. (Child Abduction: Delay) [1998] 1 FLR 651
The child, a girl, was nearly 10 at the date of the second alleged wrongful removal. She had lived in Germany for a majority of her life. The parents were separated and had joint rights of custody. On 31 May 1996 the mother took the child to England. On 26 September 1996 the child returned […]
Re A. (Abduction: Habitual Residence) [1998] 1 FLR 497
The child, a boy, was six months old at the date of the alleged wrongful removal. He had lived in the United Kingdom for the majority of his life. The parents were married and had joint rights of custody. In July 1995, as agreed between the parents, the mother went to England to prepare for […]
Re O. (Child Abduction: Re-Abduction) [1997] 2 FLR 712
The children, both girls, were 8 and 4 1/2 at the date of the original wrongful removal. The parents were married and both enjoyed custody rights. On 13 September 1996 the mother unilaterally removed the girls from their home in California and took them to Sweden, her State of origin. The father commenced return proceedings. […]
Re J.A. (Child Abduction: Non-Convention Country) [1998] 1 FLR 231
The application related to a young girl born in the UAE. Her mother was British, her father a UAE national. The parents married in Sharjah and their daughter was born there in February 1995. Mother and child made an extended visit to England in the summer of 1995. In the summer of 1996 the mother […]
Re O. (Child Abduction: Custody Rights) [1997] 2 FLR 702, [1997] Fam Law 781
The child, a girl, was 4 1/2 at the date of the alleged wrongful removal. She had lived in Germany all of her life. On 16 December 1996 the mother and her British partner took the girl to England. The parents of the child were married but it was not the father who sought the […]
Police Commissioner of South Australia v. Castell (1997) FLC 92-752, [1997] FamCA 24, 21 Fam LR 643
The application concerned six children. On 13 March 1993 the mother, with the consent of the father, took the four children then born to Australia. In July 1993 the mother gave birth to twins. On 1 November 1993 the Family Court of Australia granted the mother sole custody of all six children. On 17 May […]
Thorne v. Dryden-Hall, (1997) 28 RFL (4th) 297
The children were infants at the date of the alleged wrongful removal. They had lived in the United Kingdom since birth. The children resided with their mother in the UK pursuant to a residence order made on 10 June 1993. Under s. 13 of The Children Act 1989 the mother was thereby prohibited from removing […]
Commissioner, Western Australia Police v. Dormann, JP (1997) FLC 92-766
The child, a boy, was 13 at the date of the alleged wrongful removal. He had lived in Australia, Germany and the United Kingdom. The parents were separated and had joint rights of custody. From August 1995 the mother lived in Australia. In September 1996, after a short period in France, the boy moved to […]
Civil Appeal 4391/96 Ro v. Ro
Grave Risk – Art. 13(1)(b) The Supreme Court held that the exception in Article 13(1)(b) did not apply in the present case for the following reasons:- (1) If the child returned with her mother there would be no grave risk of harm to the child. The Court persuaded the mother to accompany the child back […]