Bundesgerichtshof, XII. Zivilsenat, XII ZB 99/01, 18 July 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]
D. v. D. 2002 SC 33
The case related to a boy aged almost 5 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. During the course of the marriage the mother had suffered from severe depression and had made several suicide attempts. The child had lived in Scotland, Germany and Switzerland. […]
Fabri v. Pritikin-Fabri, 221 F. Supp. 2d 859 (N.D.III. July 13, 2001)
The child, a girl, was nearly 10 years old at the date of the alleged wrongful removal. She had lived in Italy all of her life. Her parents were separated the mother had primary care, the father frequent access. On 27 September 2000 the mother took the child to Chicago, USA. She left the father […]
J.S.S. v. P.R.S, [2001] 9 W.W.R. 581 (Sask. Q.B.)
The mother and father, South African nationals, were married in 1993. Their child, a boy, was born in Canada in May 1995. The family returned to South Africa during the summer of 1995 and lived there for a year. In August 1996 they returned to the United States and lived in Pennsylvania. The mother brought […]
Tribunale per i minorenni dell’Emilia-Romagna, 11 June 2001, Case No. 513/01 Vol. et n. 1645 Cron.
The children, a boy and a girl, were aged 5 and 2 at the date of the hearing. They had both been born and brought up in the Netherlands. The parents divorced in early 2001. Thereafter, following detailed negotiations and with the assistance of family mediators, an agreement was entered into as to the care […]
(Deleted) Sharif Salah v. Awes, No. F9001664 (Minn. App. Div. 2001)
The child was approximately 3 at the date of the alleged wrongful retention. It was disputed whether the parents were legally married. They stopped cohabiting in 1997. Thereafter the child lived with the mother. In 1999 the mother took the child to the United States. In June 2000 the father applied to the Canadian Central […]
Re B. (Children)(Abduction: New Evidence) [2001] 2 FCR 531
The application related to three children, aged almost 14, 12 and almost 10, at the date of the alleged wrongful removal. Until that moment they had spent their entire lives in New Zealand. The parents were divorced and in a separation agreement made in 1991 they had agreed to joint custody, albeit with the mother […]
Armiliato v. Zaric-Armiliato, 169 F. Supp. 2d 230 (SDNY 2001)
The child, a girl, was aged 7 1/3 at the date of the alleged wrongful removal. Her father was an Italian citizen, her mother had Italian and Yugoslavian citizenship. The family travelled frequently throughout the world as a result of the father’s career as an international opera singer. The family rented a flat in Genoa. […]
D. v. D. [2001] ScotCS 103
Aims of the Convention – Preamble, Arts 1 and 2 The court recalled that an order in favour of the Petitioner was not determinative of who should ultimately have care of the child, rather it was simply that the child should be returned to his State of habitual residence. Moreover, there was no requirement to […]
March v. Levine, 249 F.3d 462 (6th Cir. 2001)
The children, a boy and a girl, were 10 and 6 respectively at the date of the alleged wrongful removal. They had lived in both the United States and Mexico. The parents had been married, however the mother disappeared in 1996 and thereafter the father cared for the children alone. The maternal grandparents alleged that […]