Danaipour v. McLarey, 183 F. Supp. 2d 311 (D. Mass. 2002)
The children, two girls, were 7 and 3 years old at the date of the alleged wrongful removal. They had lived all of their lives in Sweden. In October 2000 a Stockholm court put in place a joint custody regime whereby the children would spend alternate weeks with each parent. The mother undertook not to […]
State Central Authority, Secretary to the Department of Human Services v. Mander [2003] FamCA 1128
Grave Risk – Art. 13(1)(b) The trial judge examined the factual scenarios and outcomes in several cases including Walsh, Pollastro, Re F., and Murray, and concluded that there was not the same level of violence or intensity of threats in the present case. Nevertheless there was a common sub-theme of an ongoing and chronic situation […]
Hansen v. Turkey, Application no. 36141/97, (2004) 39 E.H.R.R. 18
Non-Convention Issues The mother complained that the Turkish authorities had failed effectively to enforce her access rights to her children despite numerous attempts she had made to see them between 1992 and 1998. She had travelled to Turkey from Iceland more than 100 times in six years with the aim of seeing her daughters. However, […]
9Ob102/03w, Oberster Gerichtshof
L’enfant, une fille de nationalit? turque, comme son p?re, ?tait ?g?e de 4 ans ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Sa m?re ?tait autrichienne. L’enfant ?tait n?e en mariage et avait v?cu en Turquie jusqu’? ce que la m?re l’emm?ne en Autriche, o? elles demeurent depuis le 17 mai 2002. […]
S.S.-C. c. G.C., Cour sup?rieure du Qu?bec, 15 ao?t 2003, n? 500-04-033270-035
La demande concernait le retour de trois enfants n?s en 1997, 1999 et 2001. La famille avait v?cu ? Montr?al jusqu’en novembre 2000. En raison d’opportunit?s professionnelles pour le p?re, la famille s’installa aux Etats-Unis, d’abord dans le Vermont puis dans le Connecticut ? partir de mars 2001. En 2001 et 2002, les parents et […]
Director-General, Department of Families v. R.S.P. [2003] FamCA 623, (2003) FLC 93-152, (2003) 30 Fam LR 566
The child was almost 2 at the date of the alleged wrongful removal. Prior to then she had been living with her Australian mother and American father in the United States. The parents were married. Following the birth the mother was diagnosed as having post-natal depression and was prescribed anti-depressants. In April 2001 the mother […]
Guichard v. France, Requ?te n?56838/00
The child was born in 1990 to a French father and a Canadian mother. He had always lived in France. On 13 May 1992, the mother unilaterally decided to take the child to Canada to live with her. In 1993, a Canadian Court granted custody of the child to the mother. The various applications for […]
N? de r?le: 02/7742/A, Tribunal de premi?re instance de Bruxelles, 27/5/2003
The child, a boy, was 11 years old at the date of the alleged wrongful retention. His parents had not been married, and had separated in 1993. The child had remained with his mother in Italy since then. On 21 June 2001, the father took the child to Belgium (where he had been residing since […]
Re R. (Abduction: Habitual Residence) [2003] EWHC 1968
Habitual Residence – Art. 3 The issue before the Court was where was the child habitually resident in March 2003. If there was to be a wrongful retention that child had to be habitually resident in Germany. There was significant dispute between the parents as to the nature of their stay in Germany. It was […]
11 UF 121/03, Oberlandesgericht Hamm
Rights of Custody – Art. 3 Actual Exercise Under English law, the law of the children’s State of habitual residence, the father held rights of custody, including the right to determine the children’s place of residence. The Court found that the father continued to exercise this right after his separation from the mother. It ruled […]