Re O. (Child Abduction: Custody Rights) [1997] 2 FLR 702, [1997] Fam Law 781
The child, a girl, was 4 1/2 at the date of the alleged wrongful removal. She had lived in Germany all of her life. On 16 December 1996 the mother and her British partner took the girl to England. The parents of the child were married but it was not the father who sought the […]
Droit de la famille 2675, No 200-09-001425-971 (200-04-003138-979)
La demande concernait un enfant n? en France en avril 1996. Les parents, qui n’?taient pas mari?s, r?sidaient dans ce pays. Le 12 janvier 1997, la m?re emmena unilat?ralement l’enfant au Qu?bec. Le p?re demanda le retour de l’enfant en France. Le 22 avril 1997, la Cour sup?rieure du Qu?bec ordonna le retour de l’enfant […]
Police Commissioner of South Australia v. Castell (1997) FLC 92-752, [1997] FamCA 24, 21 Fam LR 643
The application concerned six children. On 13 March 1993 the mother, with the consent of the father, took the four children then born to Australia. In July 1993 the mother gave birth to twins. On 1 November 1993 the Family Court of Australia granted the mother sole custody of all six children. On 17 May […]
Thorne v. Dryden-Hall, (1997) 28 RFL (4th) 297
The children were infants at the date of the alleged wrongful removal. They had lived in the United Kingdom since birth. The children resided with their mother in the UK pursuant to a residence order made on 10 June 1993. Under s. 13 of The Children Act 1989 the mother was thereby prohibited from removing […]
Commissioner, Western Australia Police v. Dormann, JP (1997) FLC 92-766
The child, a boy, was 13 at the date of the alleged wrongful removal. He had lived in Australia, Germany and the United Kingdom. The parents were separated and had joint rights of custody. From August 1995 the mother lived in Australia. In September 1996, after a short period in France, the boy moved to […]
In the Marriage of G.R. and B.J. Colbourne, 30 April 1997, Full Court of the Family Court of Australia at Sydney [1997] FamCA 18, (1997) FLC 92-749, 21 Fam LR 621
The children, a boy and a girl were 14 1/2 and 11 1/3 at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated. The mother had custody and the father access. On 17 December 1996 the mother took the children to the United States. […]
Droit de la famille 2675, No 200-04-003138-979
La demande concernait un enfant n? en France en avril 1996. Les parents, qui n’?taient pas mari?s, r?sidaient dans ce pays. Le 12 janvier 1997, la m?re emmena unilat?ralement l’enfant au Qu?bec. Le p?re demanda le retour de l’enfant en France.
Krishna v. Krishna 1997 WL 195439 (N.D.Cal.)
Aims of the Convention – Preamble, Arts 1 and 2 The United States District Court for the Northern District of California cited the Court of Appeals for the Sixth Circuit in Friedrich, where it stated that “[t]he affirmative defences…offer an opportunity, in extraordinary cases, for a court in the country of flight to consider the […]
Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
The child, a boy, was aged 1 _ at the date of the alleged wrongful removal. Prior to the removal he had lived all of his life in Germany. The parents were separated, but, on 13 March 1995 they entered into an agreement as to the care of the child. On 13 November the mother […]
Re S., Auto de 21 abril de 1997, Audiencia Provincial Barcelona, Secci?n 1a
Rights of Custody – Art. 3 Under Israeli law the parents had joint rights of custody and therefore the joint right to decide the child’s place of residence. Neither parent could take the child out of the country without the consent of the other. The court noted that even in a case where the mother […]