Zimmerman v. Zimmerman (1992), 42 R.F.L. (3d) 264 (B.C.S.C.)
The two children, boys (J & G), were born in Canada in 1989 and 1991 to German parents who had been landed immigrants in Canada since 1987. In November 1991 the parents separated and the mother took G to Germany. When the mother returned to Canada in April 1992 the parties arrived at a written […]
A. v. A. (Child Abduction) [1993] 2 FLR 225
The children, three girls and a boy were 9 3/4, nearly 8, 4 1/3 and 5 2/3 respectively at the date of the alleged wrongful removal. They had lived in France, England and Australia. The parents were married and had joint rights of custody. There were frequent separations and reconciliations during the course of the […]
Foxman v Foxman
The applicant and respondent were married in Canada and had three children. After their divorce the mother took the children to Israel in March 1992. The mother argued that Quebec was not a ‘country’ bound by the 1980 Convention, that the father was not entitled to demand the return of the children since the mother […]
Re B. (Minors) (Abduction) (No. 1) [1993] 1 FLR 988
The children, two boys, were 3 2/3 and 2 1/4 at the date of the alleged wrongful retention. They had lived in England, Scotland and Germany. The parents were married and had joint rights of custody. On 20 January 1992 the family moved to Germany. On 19 July 1992 the family travelled to England. The […]
Taylor v. Ford 1993 SLT 654
The children were 9 and 7 at the date of the alleged wrongful removal. They had lived in Canada all of their lives. The parents were not married. On 16 July 1991 the father obtained an ex parte order from a court in Ontario prohibiting the mother from removing the children from the province. In […]
Re S. (A Minor) (Abduction: Custody Rights) [1993] Fam 242
The child, a girl, was 9 1/4 at the date of the alleged wrongful removal. She had lived in France since March 1991. The parents were separated and by the terms of a written agreement they had agreed that the child would live with the mother in France and the father would have unrestricted access. […]
Cass Civ 1?re 16/7/1992, H. c. H.
The children, a boy and girl, were aged almost 2 and 3 months at the date of the alleged wrongful retention. The parents were married. In the summer of 1989 the family came to France for a holiday. On 30 July 1989 the mother informed the father that she did not intend to return with […]
Re R. (Wardship: Child Abduction) (No. 2) [1993] 1 FLR 249
The child, a girl, was 5 at the date of the alleged wrongful removal. The parents were not married. They had lived together in England until July 1991. On 21 July 1991 the mother took the girl to Ontario. On 25 September 1991 the High Court awarded custody to the father, ordered the mother to […]
C. v. C., 25 May 1992, Tel Aviv District Court (Israel)
Aims of the Convention – Preamble, Arts 1 and 2 The Court expressed the view that it was competent to annul the decision of the Haifa District Court regarding custody since the provisions of the Convention took precedence over all contrary legal provisions (under the Israeli implementing statute). In this the Court referred to Article […]
8Ob535/92, Oberster Gerichtshof
Interpretation of the Convention The Supreme Court emphasized that the Convention entered into force in the United States of America on 1 July 1988, i.e., shortly before the wrongful retention of the child. The Court added that the Convention nevertheless entered into force in Austria shortly after the retention (on 1 October 1988). It was […]