Bundesgericht, II. Zivilabteilung (Federal Supreme Court, 2nd Civil Chamber) Decision of 13 September 2001, 5P.160/2001/min
The child, a girl, was two and a half years old at the date of the alleged wrongful removal. She had until then lived all of her life in the United States. The parents, an American father and a Swiss mother, had divorced in the United States in 1995 and had joint rights of custody. […]
Public Attorney v. J.S., Case No. 778/2001
The children, 2 boys, were born on 7 April 1999 and 17 May 2000 in Sydney, Australia. The parents were not married but had been together since 1995. After the younger child was born the family came to Portugal for a couple of months. Shortly after they returned to Australia the parents separated, but, they […]
Decision of the Cour d’appel du canton de Berne, S-359/1/2001, 02/10/2001
The children, 3 boys, aged 8 _, 6 _ et 3 _, were living in Spain at the time of the alleged wrongful retention. The parents were married and both enjoyed custody rights in respect of the children. On 6 April 2001 the mother took the boys to Switzerland for a vacation. On 16 April […]
Secretary for Justice v. A., ex parte B.
The children, a boy and a girl, were aged 11 _ and 10 at the date of the alleged wrongful retention. They had lived in South Africa all of their lives. The parents entered into an Islamic marriage in South Africa. Under South African law such marriages are not afforded recognition, consequently any children born […]
N? de r?le : 01/6584/A
The child, a boy, was aged almost 4 1/2 at the date of the alleged wrongful removal. The parents, both Belgian nationals, had lived in Spain from the time of his birth in 1996. For several years the father had communted between the two countries. It was the mother’s case that the child had always […]
Supreme Administrative Court (Regeringsr??tten), decision of 12 September 2001, Case number 7624-2000
The child, a boy, was 5 years of age at the date of the alleged wrongful retention. He had lived in both Sweden and England. The parents were not married but had joint rights of custody. The child lived in Sweden until April 1999 when his mother unilaterally took him to England. In May 1999 […]
Decision of 12/09/2001, Juvenile Court, Palermo, Case No.81/2001 Civ. Reg. Gen.
The children, a boy born in 1985 and a boy born in 1995, had their habitual residence in Belgium. Under an order made by a Li?ge Court on 13 September 2000 their mother had sole custody. In December 2000, whilst exercising a period of overnight access the father took the boys to Italy. The mother […]
Tribunal for Children, Florence, 29 August 2001, Case No 810/01 C et n. 3690 Cron.
The child, a boy, was 2 _ years old at the time of the alleged wrongful removal. His parents were married but separated. On 5 September 2000, a judge in Kempen, Germany, awarded the mother the right to decide the child’s residence. The child had at that time been living with his mother in Germany. […]
Callaghan v. Thomas [2001] NZFLR 1105
Habitual Residence – Art. 3 The nature of the child’s stay in New Zealand was the subject of dispute. The mother argued that it was to be for a maximum period of 6 ? 12 months on the basis that if he were not able to settle he would be returned immediately. It was the […]
Decision of the Obergericht des Kantons Luzern, 220168, 31/08/2001
The child, a girl, was aged 3 _ and living in Cyprus at the time of the alleged wrongful removal. The parents had divorced in November 2000. One month later, before any custody decision was delivered, the mother and her boyfriend took the child to Switzerland. The father’s return petition was issued at the l’Amtsgericht […]