Wiezel v. Wiezel-Tyrnauer, 388 F. Supp. 2d 206 (S.D.N.Y. 2005)

INCADAT legal file Hague parental abduction

The application related to four children who were living in Israel before being allegedly wrongfully retained by their mother in the United States after having travelled there in June 2001. The parents were divorced and had entered into an informal agreement whereby the mother would have custody, the father access. In the aftermath of the […]

A.J. v. F.J. [2005] CSIH 36, 2005 1 S.C. 428

INCADAT legal file Hague parental abduction

The application related to two boys aged 14 and 12 at the date of the appeal hearing. Upon the divorce of the parents an order was made by the Court of Session in March 2003 requiring the boys to live with their father and affording the mother contact. The mother did not manage to have […]

M. v. H. [Custody] [2006] NZFLR 623

INCADAT legal file Hague parental abduction

The child, a boy, was almost four years old at the date of the alleged wrongful removal. He had spent his entire life in New Zealand. His parents were not married and had ended their relationship eight months prior to the birth. Following the birth the father had regular contact with his son. In late […]

Family Appeal 1026/05 Ploni v. Almonit

INCADAT legal file Hague parental abduction

The children, two boys, were 2 and 1 years old respectively at the date of the alleged wrongful retention. The parents, both Israeli citizens, had spent a year in Paraguay (September 1998 to November 1999) as emissaries of the Israeli Foreign Office. After returning to Israel, the father went to Venezuela in March 2001 for […]

Family Application 046252/04 Ploni v Almonit

INCADAT legal file Hague parental abduction

The children, two boys, were 2 and 1 years old respectively at the date of the alleged wrongful retention. The parents, both Israeli citizens, had spent a year in Paraguay (September 1998 to November 1999) as emissaries of the Israeli Foreign Office. After returning to Israel, the father went to Venezuela in March 2001 for […]

CA Rouen, 20 janvier 2005, No de RG 04/03822

INCADAT legal file Hague parental abduction

The application concerned a little girl born in 1996 in Germany to married parents. In December 2003, a German court granted a divorce to the parents on the basis that the parental rights would be jointly shared by both parents, the child would live with her mother, and the father had visiting rights. On June […]

Cass Civ 1?re, 25 janvier 2005, N? de pourvoi 02-17411

INCADAT legal file Hague parental abduction

L’enfant, un gar?on, ?tait ?g? de 7 mois ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Il avait v?cu en Italie avec ses parents depuis sa naissance. Le 23 juillet 1999, la m?re quitta Rome avec l’enfant et s’installa en France. Le p?re demanda le retour de l’enfant. Le 25 octobre 1999, […]

Sealed Appellant v. Sealed Appellee, 394 F.3d 338 (5th Cir. 2004)

INCADAT legal file Hague parental abduction

The children were 2 1/2 years and 6 months old at the time of the alleged wrongful removal. They had until then spent all of their lives in Australia. Their unmarried parents had separated prior to the birth of the second child. Under the applicable Australian law both parents enjoyed rights of custody in respect […]

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 […]