5P_65/2002/bnm, II. Zivilabteilung, arr?t du TF du 11 avril 2002
L’enfant, un gar?on, ?tait ?g? de pr?s de 4 ans et demi ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Les parents ?taient mari?s. Apr?s avoir v?cu en Afrique du sud, ils s’?taient install?s en Nouvelle-Z?lande fin janvier 2001. Le 27 juillet 2001, la m?re emmena l’enfant en Afrique du Sud, puis […]
Re S. (A Child) (Abduction: Grave Risk of Harm) [2002] 3 FCR 43, [2002] EWCA Civ 908
The child, a girl, was 13 months old at the date of the alleged wrongful removal. She was born in Israel and prior to the removal had always lived there. The mother was born in the United Kingdom and had been living in Israel since 1995. The father was born in Australia and moved to […]
Anderson v. Paterson [2002] NZFLR 641
Rights of Custody – Art. 3 The father argued that he held rights of custody and that the removal breached those rights and was therefore wrongful. For her part the mother contended that the father did not hold any rights of custody. It was the father’s case that he and the mother were living together […]
CA Paris, 7 f?vrier 2002, No de RG 2001/21768
R?sidence habituelle – art. 3 Le p?re pr?tendait entre autres que l’enfant avait sa r?sidence habituelle en France. La Cour observa que l’enfant r?sidait ? Pampelune avec sa m?re depuis juillet 2000 et qu’il y ?tait scolaris? jusqu’au 26 octobre 2001 et nota que le p?re contestait avoir donn? son accord pour cette installation en […]
W. and B. v. H. (Child Abduction: Surrogacy) [2002] 1 FLR 1008
The twin children were born in England to a surrogate mother. At the date of the hearing they were 3 months old and had spent all of their lives in England. The surrogacy agreement was made in California on 12 February 2001 between a married Californian couple and an English woman. It was agreed that […]
Oberlandesgericht Dresden, 10 UF 753/01, 21 January 2002
The child, a girl, was 10 years old at the date of alleged wrongful removal. Prior to the removal she had lived in Florida with her mother. In March 2001 the parents entered into an agreement whereby the mother would have primary care of the child, the father generous visitation rights. In addition both parents […]
Supreme Administrative Court (Regeringsr??tten), decision of 21 January 2002, Case number 7373-2001
The child, a boy, was 12 years of age at the time of the alleged wrongful retention. He had lived in England with his mother since the age of three. The mother had rights of custody, the father rights of access. In October 2001 mother and child went to Sweden for a short visit to […]
Gil v. Rodriguez, 184 F.Supp.2d 1221 (M.D.Fla. 2002)
The child, a girl, was nearly 7 years old at the date of the alleged wrongful removal. She had lived in Venezuela all her life. Her parents were not married, but had intermittently lived together with the child. At the date of the child’s removal, the trial court found that they had been living together […]
Tribunal for Children, Rome, 25 January 2002, Case No. 538/02.
The child, a girl, was 13 years old at the date of the application. The father claimed that the child’s mother prevented him from exercising his rights of access. The mother maintained however that the father had ceased coming to Italy to see the girl. This had stemmed from an incident in which the girl […]
B. v. C.
The case related to a boy who was aged 13 at the date of the alleged wrongful retention. The parents were married. The father, a United Kingdom citizen, adopted the mother’s two children of a previous relationship. The family moved to New Zealand in 1993. In February 1998 the parents separated and the father left […]