J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
The mother and father were married in the United States in 1990. Their child, a girl, was born in January 1992. The mother and father divorced in the United States in 1993. Under the divorce decree the parents had joint custody, the mother having physical care, the father access. In 1995, on the basis of […]
Silverman v. Silverman, 2002 U.S. Dist. LEXIS 8313
The children were 8 and 5 at the date of the alleged wrongful retention. The parents were married and the family had lived together in the United States until August 1999 when they moved to Israel. The family stayed there for 10 months when the mother took the children back to the United States for […]
Janine Claire Genish-Grant and Director-General Department of Community Services [2002] FamCA 346, (2002) FLC 93-111; 29 Fam LR 51
The parties lived at various places in Australia from 1990 until March/April 1995 when they went to live in Israel. The mother returned to Australia with the children in December 2000 with the agreement of the father that she could remain in Australia for a period of 3 months. Prior to leaving Israel the mother […]
CA Aix en Provence, 8 octobre 2002, No de RG 02/14917
The children, 5 girls, were aged 13, 10, 8, 7 and 5 at the date of the alleged wrongful removal. At the time of the removal, the family had been living in Israel for 3 years. On 29 January 2002, in the initial stages of divorce proceedings, the Rabbinical Court of Ashkelon recognised an agreement […]
Tribunal for Children, Brescia, 16 May 2002, Case No. 209/02 RGCC et n. 1198 CRON.
Rights of Custody – Art. 3 The Italian Court recognized the validity of the father’s request for return since, as a result of the judgment of the Oregan Court, he had custody rights over his daughter which he had been exercising. Grave Risk – Art. 13(1)(b) The mother sought to invoke the grave risk of […]
O. v. O. 2002 SC 430
The children were aged 9 and 7 respectively at the date of the alleged wrongful removal. The parents were married in Ireland in January 1981 and had six children. The application only concerned the youngest two children. The parents separated in March 1999, with the mother leaving the children with the father. On 10 June […]
?.L.K, 5. April 2002, 16. afdeling, B-409-02
The child, a girl, was 7 years old at the time of the alleged wrongful retention. She was born in England in 1994 and lived there until August 2000. The parents married in 1982 but divorced in 1997, when an English court decided that the girl should live with the mother. However, both parents retained […]
P. v. P.
The children, two girls, were aged 7 and almost 3, at the date of the alleged wrongful retention. The children and mother are German nationals. The parents married in June 1991 in Germany. The parties had lived in Australia for a period of time but returned to Germany in September/October 1998. On 17 June 2001, […]
Cass Civ 1?re 19 mars 2002, N? de pourvoi 00-17.692
The child was aged 6 1/2 at the date of the alleged wrongful removal. Until the time of the removal he had been living in Israel. His parents were divorced. On 22 July 1998 the family judge at the Tribunal de Grande Instance of Bordeaux made an order that the child should continue to live […]
Tribunal for Children, Palermo, 28 March 2002, Case No. 8/2002 Civ. Reg. gen. – N. 1596 Reg. Cron.
Rights of Custody – Art. 3 The court ruled that the removal of the child had violated the mother’s exclusive right to decide the chld’s residence, a right which had been recognized by the Court of Heilbronn. Grave Risk – Art. 13(1)(b) The court ruled, on the evidence before it, that the child would not […]