Droit de la Famille 3719, No 505-04-007771-009
La demande concernait trois enfants de parents mari?s. La famille avait v?cu au Canada de 1990 ? 1999. La m?re, d’origine anglaise, avait rencontr? un autre homme en Angleterre lors d’un s?jour dans sa famille. Elle forma alors le projet de vivre en Angleterre avec toute sa famille. En septembre 1999, elle y alla pour […]
Dalmasso v. Dalmasso, 9 P.3d 551 (Kan.2000)
The case related to three boys aged 6 _, 5 and 4, respectively, at the date of the alleged wrongful removal. In the three years prior to the removal they had lived in France, but prior to that they had also resided in Canada and the United States. The parents were married and had joint […]
X (the mother) against De directie Preventie, en namens Y (the father) (14 april 2000, ELRO nr. AA 5524, Zaaksnr.R99/076HR)
Family Appeal 1169/99 R. v. L.
The child, a boy, was 10 at the date of the alleged wrongful removal. He had spent his entire life in the United States. The parents were divorced and shared custody, although there were repeated proceedings as to the division and nature of custody. In December 1995 and July 1998 the child was hospitalized in […]
N? de r?le : 00/561/C
The parents divorced in Monaco in 1989. In accordance with the divorce judgment the two children of the marriage were separated; the father was given custody of the daughter, then aged 6, in Monaco, while the mother was given custody of the son, then aged 4, in Belgium. Both parents had extensive access rights in […]
TGI Nice, 29 juin 2000, No 421/00
Risque grave – art. 13(1)(b) – Int?gration de l’enfant – art. 12(2) – Droits de l’homme – art. 20 – Questions proc?durales Le juge ordonna l’ex?cution provisoire de la d?cision et fit interdiction ? la m?re de sortir du territoire avec l’enfant si ce n’est dans le cadre de l’ex?cution de son retour imm?diat au […]
7Ob123/00i, Oberster Gerichtshof
Les trois enfants avaient toujours v?cu en Sardaigne avec leurs parents qui ?taient mari?s. En Novembre 1998, la m?re demanda le divorce devant une juridiction de Cagliari. Le 21 d?cembre 1998, le service d’orthop?die d’un h?pital de Vienne, qui suivait la progression de l’a?n? des enfants, handicap?, depuis sa naissance, indiqua qu’une op?ration ?tait n?cessaire […]
Re N. (Abduction: Habitual Residence) [2000] 2 FLR 899
The children were aged, 5, almost 4 and 1 _ at the date of the alleged wrongful removal. They had lived in England for the majority of their lives. The parents were married and had joint rights of custody. The parents’ marriage was somewhat tempestuous. There were allegations of domestic violence and heavy drinking by […]
M. v. K., 20/06/2000; Iceland Supreme Court
The parties lived in Spain, they separated in 1998 and divorced in 1999. Their two children, boys aged 10 and 13, lived with the mother after the separation and divorce. The mother had some custody rights, “custodia” and “cuidado”, but other custody rights, notably, patria potestas, were shared by the parents. The mother took the […]
Secretary for Justice v. C., ex parte H.
Grave Risk – Art. 13(1)(b) The Court held that care had to be taken against allowing evidence which was primarily directed to what the child’s best interests would be in any dispute over primary care. It noted that the following general principles were relevant: 1) The focus is on the child’s situation, not that of […]