Re S. (Child Abduction: Delay) [1998] 1 FLR 651

INCADAT legal file Hague parental abduction

The child, a girl, was nearly 10 at the date of the second alleged wrongful removal. She had lived in Germany for a majority of her life. The parents were separated and had joint rights of custody. On 31 May 1996 the mother took the child to England. On 26 September 1996 the child returned […]

Re A. (Abduction: Habitual Residence) [1998] 1 FLR 497

INCADAT legal file Hague parental abduction

The child, a boy, was six months old at the date of the alleged wrongful removal. He had lived in the United Kingdom for the majority of his life. The parents were married and had joint rights of custody. In July 1995, as agreed between the parents, the mother went to England to prepare for […]

CA Versailles, 11 septembre 1997, No de RG 1997-2604

INCADAT legal file Hague parental abduction

L’a?n?e des enfants en cause ?tait n?e aux Etats-Unis d’Am?rique. Alors que les parents ?taient en instance de divorce, la m?re l’emmena unilat?ralement en France. La demande de retour du p?re fut rejet?e mais les parents se r?concili?rent et la m?re retourna vivre aux Etats-Unis d’Am?rique avec l’enfant aupr?s du p?re. Deux ans plus tard, […]

Bundesverfassungsgericht, 2 BvR 1126/97, 18 July 1997

INCADAT legal file Hague parental abduction

The children, two boys, were 7 and 6 respectively at the date of the alleged wrongful removal. Until then they had lived in Argentina all of their lives. The parents divorced in 1994 and the mother was awarded custody. However, under s. 264 (4) of the Argentinian Civil Code, even after a divorce, the agreement […]

5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung

INCADAT legal file Hague parental abduction

The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]

CAA Paris, 11 juillet 1997, No 96PA01389

INCADAT legal file Hague parental abduction

The child who was aged approximately 1 1/2 at the date of the alleged wrongful removal was born in France to a Canadian mother. On 13 May 1992 the mother relocated to Montr?al (Canada) with the child. In letters dated 5 March and 21 April 1993 the father sought the assistance of the French Central […]

Re O. (Child Abduction: Re-Abduction) [1997] 2 FLR 712

INCADAT legal file Hague parental abduction

The children, both girls, were 8 and 4 1/2 at the date of the original wrongful removal. The parents were married and both enjoyed custody rights. On 13 September 1996 the mother unilaterally removed the girls from their home in California and took them to Sweden, her State of origin. The father commenced return proceedings. […]

Re J.A. (Child Abduction: Non-Convention Country) [1998] 1 FLR 231

INCADAT legal file Hague parental abduction

The application related to a young girl born in the UAE. Her mother was British, her father a UAE national. The parents married in Sharjah and their daughter was born there in February 1995. Mother and child made an extended visit to England in the summer of 1995. In the summer of 1996 the mother […]