Dellabarca v. Christie [1999] NZFLR 97
The child, a boy, was 2 at the date of the alleged wrongful removal. He had lived in New Zealand all of his life. The parents were not married. On 10 November 1995 a Family Court appointed counselor facilitated an agreement between the parents whereby the mother would have custody and the father weekly access. […]
In re Walsh, 31 F. Supp. 2d 200 (D. Mass. 1998)
The children, a girl and a boy, were 8 1/4 and 3 1/4 respectively at the date of the alleged wrongful removal. They had lived in the United States and Ireland. The parents were married and had joint rights of custody. They travelled to Ireland separately in January 1994 since the father was facing serious […]
C. v. M., 18 December 1998, Administrative Court of Appeals (Stockholm, Sweden)
Habitual Residence – Art. 3 The mother sought to argue that the child had not acquired a habitual residence in Texas notwithstanding over 2 years residence there. The mother argued that she had always retained the intention of returning to Sweden, both her and the child were Swedish citizens and the child was listed with […]
Belton v. Belton (1998), 132 Man.R. (2d) 265 (Q.B. (Fam. Div.))
The father and mother, Canadian citizens, were married in Canada in 1993. Their child, a girl, was born in Canada in March 1995. In November 1996 the family moved to Texas and in February 1997 they moved to Tennessee. In December 1997 the father took the child for a visit to Canada. The father and […]
Bromley v. Bromley, 30 F. Supp. 2d 857 (E.D. Pa. 1998)
The children, a girl and a boy, were born in October 1987 and 1989 respectively. They had lived in the United States all of their lives. The parents were divorced. The mother had sole custody, the father access. At some point after the divorce the father moved to England. The father asserted that he had […]
2 UF 156/98, Oberlandesgericht Zweibr?cken
L’enfant, n? en juillet 1997 en Allemagne, ?tait ?g? d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Le 16 juin 1998, les parents s’?taient s?par?s d’un commun accord. En juillet, la m?re alla aux Etats-Unis avec l’enfant. Le p?re saisit le juge aux affaires familiales (Familiengericht) de Landstuhl en vue […]
4 UF 223/98, Oberlandesgericht D?sseldorf
Removal and Retention – Arts 3 and 12 It was not seriously disputed by the mother that her actions in retaining the child were wrongful. Grave Risk – Art. 13(1)(b) It was noted that on the two evenings following the appeal hearing the child had suffered an asthma attack and had been placed under observation […]
Supreme Court of Finland: 1998: No 3492 S98/917
The case related to two young boys who had lived in the United States but were removed to Finland by their mother. The father brought return proceedings and on 10 September 1997 the Supreme Court of Finland ordered the boys return. However, that order was not enforced and the mother brought substantive custody proceedings in […]
?.L.K. 16. november 1998, 14. afd., B-2805-98
Rights of Custody – Art. 3 The court noted that the parents had joint rights of custody and that the mother’s removal of the child to Denmark breached the father’s rights and was therefore wrongful.
Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
The children, a boy and a girl, were 6 2/3 and 3 respectively at the date of the first alleged wrongful removal. They had until then lived in Germany all of their lives. The parents were separated and had joint rights of custody. On 17 February 1997 in a custody hearing in Germany the mother […]