V.L.K. 11. Marts 1998, afd. K, B-2717-97
Grave Risk – Art. 13(1)(b) On 6 February 1998 an expert on child psychiatry found that the girls had had a very turbulent life, and that they were partiularly attached to their mother. The expert stated that the girls would suffer great psychological harm if they were separated from their mother. The appeal court accepted […]
M. v. K. 20/02/1998; Iceland Supreme Court
The child, a girl, was approximately 9 at the date of the alleged wrongful removal. She had lived in Sweden all of her life. The parents’ cohabitation ended in August 1997. Both remained in Sweden and the child stayed alternately with her mother and father. However, under Swedish law the mother had sole custody, the […]
CA Amiens, 4 mars 1998, No de RG 5704759
Droit de garde – art. 3 Ayant constat? que l’enfant avait sa r?sidence habituelle au Qu?bec au moment du d?placement, la cour d’appel consulta les articles 598-600 du Code civil du Qu?bec afin de d?terminer si le p?re avait la garde de l’enfant et conclut qu’en vertu de ces articles, les parents avaient conjointement la […]
35 F 1162/98-52, Familiengericht Frankfurt (Family Court) (Germany), 16 October 1998
Rights of Custody – Art. 3 The court held that while the father possessed joint rights of custody he could not establish that he was actually exercising those rights at the time of the child’s removal. The child lived with the mother in Florida following the parental separation. The court found that the father did […]
449/III/97/bufr/mour, Cour d’appel du canton de Berne
The application concerned a girl born in Taiwan to an American father and Taiwanese mother. She was 3 at the date of the alleged wrongful retention. The family initially lived in Taiwan, but prior to a relocation to the United States, the mother moved to Switzerland to live with a new partner, taking the child […]
Harkness v. Harkness, 227 Mich. App. 581, 577 N.W. 2d 116 (Mich. Ct. App. 1998)
The children, both girls, were 6 and 4 at the date of the alleged wrongful retention. They had lived in both Germany and the United States. The parents were married and had joint rights of custody. In July 1995 mother and children travelled to Michigan to stay with the paternal grandparents. The nature of the […]
Droit de la Famille 2785, No 500-09-005532-973
L’affaire concernait un enfant de parents espagnols, n? ? Paris en janvier 1989. D?s l’automne pr?c?dent, les parents s’?taient s?par?s, le mari entretenant une relation avec une autre femme. La m?re et l’enfant s’install?rent en Espagne. Les relations des parents ?taient conflictuelles, diverses proc?dures judiciaires ?tant engag?es de 1989 ? 1992. En ao?t 1992, ? […]
V.L.K. 12. November 1997, 12. afd., B-2305-97
Consent – Art. 13(1)(a) The appeal court did not find that the father had agreed to the children staying permanently in Denmark. Rather the agreement entered into with the mother was designed to achieve an amicable solution to the dispute. By her actions the mother had breached that agreement and the court ordered the return […]
A.S. v. E.H. & M.H. (Child Abduction) (Wrongful Removal) [1999] 4 IR 504
The child, a boy, was 1 at the date of the alleged wrongful retention. The infant had lived in both England and Ireland. The parents were not married and the father had no custody rights in respect of the boy. On 11 March 1996, the day after the death of the mother, the maternal grandmother […]
Re H.B. (Abduction: Children’s Objections) (No. 2) [1998] 1 FLR 564
The children, a boy and a girl, were aged 13 and 11 1/2 respectively at the date of the alleged wrongful retention. They had lived in Denmark for seven years. The parents were divorced. The mother had care and control and the father had access. Following a wrongful retention by the father on 17 October […]