H.J. v. Secretary for Justice [2006] NZFLR 1005

INCADAT legal file Hague parental abduction

The application concerned two children born on 2 May 1999 and 29 May 2000. The mother was a New Zealand citizen; the father, an Australian, was her stepson. Their relationship was intermittent and was characterized by the father’s violence against the mother. The mother removed the two children from Australia to New Zealand in February […]

5P.115/2006 /bnm, II. Zivilabteilung, Bundesgericht

INCADAT legal file Hague parental abduction

The application related to a child born in 1999. The parents were married and the family lived in Italy. In June 2002 the mother took the child to Switzerland and refused to return. The father issued return proceedings and after a series of judgments the mother finally returned to Italy with the child. In December […]

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 […]

CA Rouen, 9 mars 2006, No de RG 05/04340

INCADAT legal file Hague parental abduction

L’affaire concernait un petit gar?on n? au Mexique en 2004. Ses parents ?taient mari?s et vivaient au Mexique. Le 7 juin 2005, la m?re alla en France avec l’enfant. Un mois plus tard, elle demanda le divorce. Le p?re demanda le retour de lenfant. Le 15 novembre 2005, le tribunal de grande instance de Rouen […]

Cantor v. Cohen, 442 F.3d 196 (4th Cir. 2006)

INCADAT legal file Hague parental abduction

The application related to three of the four children born to a couple, who, whilst married, had resided in Israel. The parents divorced in July 1998, the decree being pronounced by a Rabbinical Court. The latter provided that the father would have custody of the two older children, the mother custody of the two younger […]

L.J.G. v. R.T.P. [2006] NZFLR 589

INCADAT legal file Hague parental abduction

The application concerned two children born in Australia on 22 January 1994 and 5 February 1995 to an Australian mother and a New Zealand father. The parents’ relationship began in Australia in 1992 and was characterised by periods of estrangement when the father returned to New Zealand. From November 1996 the family lived together in […]

Re D. (Article 13B: Non-return) [2006] EWCA Civ 146

INCADAT legal file Hague parental abduction

Grave Risk – Art. 13(1)(b) Central to the finding of the High Court was the fact that in June 2005 the mother was the vicitim of a pre-meditated and targeted shooting while the father had also been the victim of attacks. The judge therefore concluded that the children were in danger of physical injury if […]

R. v. R. [2006] IESC 7

INCADAT legal file Hague parental abduction

The children were aged 4 1/2 and 2 at the date of the alleged wrongful retention. They had lived all of their lives in the United States with their parents. In January 2005 they travelled to Ireland with their mother. The nature of this trip was the subject of dispute between the parents: it was […]

Eskinazi and Chelouche v. Turkey (Application No 14600/05)

INCADAT legal file Hague parental abduction

The case related to a girl born in 2000 in Israel to a Franco-Turkish mother and a Franco-Israeli father. The girl possessed French, Israeli and Turkish nationalities. The parents were married and travelled frequently with their daughter between the three countries. On 8 April 2004 the mother took her daughter to Turkey for a ten […]