FS 12-11269/2010

INCADAT legal file Hague parental abduction

Habitual Residence – Art. 3 In this case the issue was whether the boy’s habitual residence was in Finland or Denmark. The court ruled that the boy had not changed his habitual residence to Finland. The only indication that the boy had changed habitual residence was on the form for the National Register of Persons […]

Helsinki Court of Appeal, 1 October 2008, Decision No 2764

INCADAT legal file Hague parental abduction

Habitual Residence – Art. 3 The parents presented contrasting cases as to the nature of the move to Scotland. For the mother it was a two week holiday which had been extended. She sought to support her case by arguing that there had been no change of address filed with the Finnish population register, no […]

Karkkainen v. Kovalchuk, 445 F.3d 280 (3rd Cir. 2006)

INCADAT legal file Hague parental abduction

The application related to a girl born in Russia in April 1992. She lived in Russia with her parents until 1997 when the parents divorced. She then moved to Finland with her mother. Both parents remarried and the girl saw her father periodically visiting him in Europe or in the United States. The girl frequently […]

Supreme Court of Finland: KKO:2004:129

INCADAT legal file Hague parental abduction

The application related to two children, both boys, who were aged 12 and almost 9 at the date of the alleged wrongful retention. The parents were divorced and had joint custody. The father had care of the boys and they lived with him in the United States. In the summer of 2003 the boys went […]

Supreme Court of Finland: KKO:2004:76

INCADAT legal file Hague parental abduction

The application related to two children, both boys, who were aged 12 and almost 9 at the date of the alleged wrongful retention. The parents were divorced and had joint custody. The father had care of the boys and they lived with him in the United States. In the summer of 2003 the boys went […]

Oberlandesgericht K??ln, 21 UF 70/01, 12 April 2001

INCADAT legal file Hague parental abduction

The child, a boy, was almost 3 years old at the date of the alleged wrongful removal. From his birth in February 1998 to December 2000 he had lived in Finland. In July 1999 the parents divorced. In January 2000 the parents were awarded joint custody, with the mother having care of the child, the […]

Supreme Court of Finland: 1998: No 3492 S98/917

INCADAT legal file Hague parental abduction

The case related to two young boys who had lived in the United States but were removed to Finland by their mother. The father brought return proceedings and on 10 September 1997 the Supreme Court of Finland ordered the boys return. However, that order was not enforced and the mother brought substantive custody proceedings in […]

Harsacky v. Harsacky, 930 S.W.2d 410 (Ky. App. 1996)

INCADAT legal file Hague parental abduction

The children, both girls, were 4 _ and 3 at the date of the alleged wrongful retention. They had lived in both Finland and the United States. In April 1995, after almost three years in Finland, the family went to the United States. Prior to their departure they leased their home, sold many of their […]