Chan v. Chow (2001), 199 D.L.R. (4th) 478 (B.C.C.A.)
Habitual Residence – Art. 3 Habitual residence is a question of fact to be decided by reference to all the circumstances of the case. A habitual residence is established by residing in a place for an appreciable period of time with a settled intention. A child’s habitual residence is tied to the habitual residence of […]
Oberlandesgericht Celle, 15 UF 85/01, 24 April 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 […]
40 F 130/01 HK, Familiengericht Saarbr?cken
The child, a girl, was 6 years old at the date of alleged wrongful retention. From March 1997 to 1998 she lived in Tennessee (USA) with her parents and three siblings from the mother’s previous marriage. In August 1998 the parents divorced. The father was awarded sole custody and his daughter remained with him in […]
Oberlandesgericht K??ln, 21 UF 70/01, 12 April 2001
The child, a boy, was almost 3 years old at the date of the alleged wrongful removal. From his birth in February 1998 to December 2000 he had lived in Finland. In July 1999 the parents divorced. In January 2000 the parents were awarded joint custody, with the mother having care of the child, the […]
McL. v. McL.
The four children, two boys and female twins were aged 13, 10 and 8 at the date of the alleged wrongful removal. They were all born in the United States and lived there all of their lives. The parents were separated. The children remained in the actual care of the mother. In the summer of […]
Al Habtoor v. Fotheringham [2001] EWCA Civ 186
Habitual Residence – Art. 3 The issue for the court was whether the child was habitually resident in England on 10 February 2000, the date on which the mother launched her proceedings. It was argued for her first that the trip to Dubai was no more than a reconnaissance and that the family retained their […]
N? de r?le 2000/RG/544
The children, a girl and a boy, were aged 13 and 6 respectively at the date of the retention of the girl and at the start of the violation of the father’s right of access in respect of the boy. The parents, both Germans, lived in Luxembourg until the mother left the family home in […]
De directie Preventie, optredend voor zichzelf en namens Y (the father) against X (the mother) (7 February 2001, ELRO nr.AA9851 Zaaknr:813-H-00)
The child, a boy, was 9 1/2 at the date of the alleged wrongful removal. He had lived in Canada all his life. The parents separated in 1994. Subsequently, the mother was awarded custody and the father access. On 19 October 1999 the mother petitioned a Quebec court for a change in the access regime. […]
Payne v. Payne [2001] EWCA Civ 166; [2001] Fam. 473
Non-Convention Issues The appeal was dismissed. It was accepted that the trial judge had not misdirected himself or made an error of law, while his exercise of discretion in choosing the option least damaging to the child was not open to challenge. That being so, the lengthy judgment still raised many points of note in […]
1 F 3709/00, Familiengericht Zweibr?cken (Family Court), 25 January 2001
The child, a boy, was about approximately 2 _ at the date of the alleged wrongful retention. The child was born while the parents were serving in the United States Armed Forces in Germany. The parents were married and had joint rights of custody. In June 2000, the father was transferred to the U.S. Embassy […]