Gitter v. Gitter, 396 F.3d 124 (2nd Cir. 2005)
Habitual Residence – Art. 3 For the father’s application to be valid it had to be shown first that the child was habitually resident in Israel at the date of the alleged wrongful retention. The trial court had rejected this finding on the basis that the parents never had a shared intention that the child […]
Family appeal 575/04 Y.M v. A.M
The proceedings related to two children, one born in Israel in 1998, the other in England in 2000. The parents, who were Israeli nationals, moved from Israel to England in 2000 prior to the birth of the second child. The father was to undertake a masters degree in law at Oxford University. Under the terms […]
Family Appeal 621/04 D.Y v. D.R
Acquiescence – Art. 13(1)(a) The fact that the father had not seen the girls for the past year and a half, even though he had had the opportunity to do so, was held to be acquiescence within Article 13(1)(a) of the Convention. Grave Risk – Art. 13(1)(b) The Court distinguished the present case from that […]
Whiting v. Krassner, 391 F.3d 540 (3rd Cir. 2004)
The child, a girl, was 1 1/2 at the date of the alleged wrongful removal. Her parents were not married but lived together in New York until 19 October 2001. On that day they signed an agreement as to how the care of their child should be managed. It was agreed that they would each […]
5P.354/2004 /rov, Bundesgericht, II Zivilabteilung (Tribunal F?d?ral, 2?me Chambre Civile)
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 […]
Cannon v. Cannon [2004] EWCA CIV 1330
The application related to a 10 year old girl who had been born to an American father and an Irish mother. The family home was in California and the child lived there until December 1998 whereupon the mother retained the child in Ireland after an agreed vacation. The father instituted Hague Convention proceedings. An agreement […]
A. & G.S. & Others [2004] FamCA 967, (2004) FLC 93-199, (2005) 32 Fam LR 583
Human Rights – Art. 20 The step-sister argued that the trial judge had erred in referring solely to the human rights of the abducted child and not to hers. This argument was rejected by the Full Court which ruled that the exception was concerned solely with the child to be returned or his or her […]
File Nº 14.593-2003
The child, a girl, was 3 years old at the time the complaint was filed. She was born in Cordoba, Argentina and initially lived there with her parents until they separated. On 2 November 2001 the parents reached an agreement on custody which they had ratified before a local court. The agreement included, inter alia, […]
State Central Authority v. Keenan [2004] FamCA 724, (2004) FLC 93-200
The child, a boy, was 5 at the date of the alleged wrongful removal. The parents met over the internet in 1998. The child was conceived in the same year, when the mother, an Australian citizen, travelled to the US to visit the father. The mother then returned to Australia where the child was born. […]
V.B.M. v. D.L.J. [2004] N.J. No. 321; 2004 NLCA 56
The child, a girl, was aged 5 at the date of the alleged wrongful removal. She was born in Canada, but six months after her birth her parents moved to Washington State in the United States. The parents’ relationship eventually broke down and on 11 December 2002 the mother returned to Canada, her State of […]