Morris v. Poole, [1995] 6 W.W.R. 166 (N.W.T.S.C.)
Removal and Retention – Arts 3 and 12 The judge found that the child had been wrongfully retained in the Northwest Territories after the end of the summer 1994. The retention was in breach of the California court order of 21 July 1993, the father having not waived his rights as joint custodian except for […]
Re G. (Abduction: Striking Out Application) [1995] 2 FLR 410
The children were aged 7, 6, 5 and 3 at the date of the alleged wrongful retention. They had lived in both the United States and England. Between 1990 and 1992 the mother and the children lived in England. On 4 May 1992 they travelled to the United States. On 11 June 1992 a Florida […]
Chalkley v. Chalkley (1995) ORFL (4th) 422; leave refused [1995] SCCA No. 33
The children, both girls, were 14 1/3 and 2 1/3 at the date of the alleged wrongful removal. The older girl, a child from the mother’s previous relationship, had lived in Manitoba for the first eleven years of her life. The parties had married in Manitoba on 28 August 1990 and moved to England in […]
Re R. (Child Abduction: Acquiescence) [1995] 1 FLR 716
The children, two boys, were aged 7 1/2 and 6 at the date of the alleged wrongful retention. The parents were divorced. On 17 February 1994 the parents entered into an agreement whereby the father was to be the custodial parent. In March the mother then returned alone to Wales, her State of origin. On […]
Re M. (Abduction: Acquiescence) [1996] 1 FLR 315
The child, a boy, was 3 1/4 at the date of the alleged wrongful removal. He was born in Greece and lived there for the majority of his life. The parents were married, but separated in early December 1990. In the spring of 1991 the mother travelled to England, her State of origin, with the […]
Cass. Civ 1?re 12. 7. 1994, S. c. S.
The child, a boy, was 1 _ at the date of the alleged wrongful removal. The parents were married. On 23 October 1991 the mother took the boy from his home in Indiana to France, without the consent of the father. On 4 May 1992 the Tribunal de Grande Instance at Strasbourg ordered the return […]
P. v. B. (Child Abduction: Undertakings) [1994] 3 IR 507
The child, a girl, was 1 2/3 at the date of the alleged wrongful removal. She had lived in Spain all of her life. The parents were not married. On 28 May 1993 the mother went to Ireland, her State of origin, with the child. At the mother’s request the father agreed to give her […]
B. v. B., 4 September 1994, C.A. 870/94 (Extract from the Jerusalem Post, 26 September 1994) The Supreme Court of Israel, sitting as a Court of Civil Appeals
Rights of Custody – Art. 3 The Supreme Court upheld the District Court’s finding that after May 1991 the custodial rights in respect of the child were actually exercised by the mother and not the father. Consequently the mother’s failure to return the child to the United States was not in breach of any rights […]
Re K. (Abduction: Child’s Objections) [1995] 1 FLR 977, [1995] Fam Law 468
The children were ages 7 and 3 at the date of the alleged wrongful retention. They had lived in the United States of America all of their lives. The parents were married and had joint rights of custody. On 22 February 1994 the mother travelled to England with the two children to visit her parents. […]
Soucie v. Soucie 1995 SC 134
The child, a girl, was almost 1 at the date of the alleged wrongful retention. The parents were married. In July 1992 the family went to Scotland, the mother’s State of origin, on vacation. The father returned to Canada a week earlier than the mother and daughter as planned. On 31 July the mother informed […]