1 Ob 147/99w, Oberster Gerichtshof
L’enfant avait la double nationalit? austro-am?ricaine. Les parents ?taient mari?s et avaient d’abord v?cu avec l’enfant ? St Petersburg (USA) avant de s’installer en Autriche (dont la m?re ?tait originaire) en mars 1997. Alors que la m?re voulait rester en Autriche, le p?re voulut finalement repartir aux ??tats-Unis d’Am?rique. La m?re craignit qu’il n’y emmen?t […]
7 UF 39/99, Oberlandesgericht Bamberg
The application related to a child born in 1996. He had spent his entire life in the United States with his parents until he was taken by his mother to Germany in December 1997. The purpose of this trip was the subject of dispute, it was the mother’s case that it was a permanent relocation, […]
C. c. dame X., IIe cour civile du 29.4.1999, ATF 125 III 301
L’affaire concernait un enfant n? en 1989 et avait pass? les six premi?res ann?es de sa vie au Portugal avant de s’installer en Suisse. Le 5 mai 1998, le service m?dico-p?dagogique saisit un tribunal suisse d’une requ?te tendant au retrait de la garde de l’enfant, assorti d’une curatelle en vue de son placement. La requ?te […]
P. (N.) v. P. (A.), 1999 CanLII 20724 (QC CA) (Droit de la Famille – 3193) SOQUIJ AZ-99011344
Grave Risk – Art. 13(1)(b) A grave risk defence should be based upon serious and convincing evidence. In ordinary circumstances, a parent’s refusal to accompany a child back to the place of habitual residence from which the child had been unlawfully removed was not a valid or acceptable reason for not making an order. In […]
Re C. (Abduction: Grave Risk of Physical or Psychological Harm) [1999] 2 FLR 478
The child, a boy, was 6 at the date of the alleged wrongful removal. He had spent his entire life in Cyprus. The parents’ marriage had long been in difficulties. On 2 December 1997 the father obtained an injunction from the Larnaca District Court restraining the mother from removing the child from the jurisdiction. Nevertheless, […]
Re B. (Abduction: Acquiescence) [1999] 2 FLR 818
The child, a girl, was 5 at the date of the alleged wrongful removal. She had lived in both England and the United States. Her parents were married and had joint rights of custody. On 4/5 October 1997 the mother went to England, her State of origin, with the child. On 11 February 1998 the […]
Cass Civ 1?re 13 mai 1999, N? de pourvoi 97-13.000
Two children were born of the marriage of the spouses S and R. The family lived in the United States. The mother unilaterally removed the children to France. This removal was in breach of American court orders made at the time of the parents’ divorce which gave parental authority to both the mother and father […]
Sampson v. Sampson, 267 Kan. 175, 975 P.2d 1211 (Kan. App. Apr. 16, 1999)
The children were 6 and 1 at the date of the alleged wrongful removal. They had lived in Israel all of their lives. In late 1995/early 1996 the parents went through a religious divorce in Israel, whereby the father was awarded custody. Notwithstanding this the children never exclusively resided with him. In October 1996 the […]
Director-General Department of Families, Youth and Community Care v. Moore, (1999) FLC 92-841; [1999] FamCA 284
Settlement of the Child – Art. 12(2) The Full Court noted that since the trial the law had changed with regard to the test to be applied to determine whether a child is settled in his new environment. This did not however affect the finding of the trial judge because he had applied the former […]
Re M. (Abduction: Leave to Appeal) [1999] 2 FLR 550
The child was 2 at the date of the alleged wrongful removal. He was taken from South Africa by his English mother. His father, a South African Zulu, then commenced return proceedings under the Convention. The trial judge found that there had been a wrongful removal but having heard oral evidence he refused to order […]