
Cour d’appel de Luxembourg, 3 mai 2000, Nos de r?le 24115 et 24134
The case concerned a girl born in 1990 in Germany to a German mother and French father. The father had acknowledged paternity four years after
The case concerned a girl born in 1990 in Germany to a German mother and French father. The father had acknowledged paternity four years after
L’enfant en cause ?tait n? en Italie en 1992. La famille, originaire d’Iran, y r?sidait l?galement depuis les ann?es 80. Le p?re ?tait souvent violent
Grave Risk – Art. 13(1)(b) The evidence of the parents was deeply divided as to the nature of their life and the treatment of the
Grave Risk – Art. 13(1)(b) There was no immediate grave risk that the return of the child would expose her to a physical or psychological
Rights of Custody – Art. 3 The mother sought to argue that the father did not possess any rights of custody. She relied on the
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
Rights of Access – Art. 21 Under different Italian court orders the father had sole custody in respect of the child. Consequently he did not
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
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
The child, a girl, was aged 10 at the date of the alleged wrongful retention. Until then she had been living in Italy. The child’s