De Lewinski and Legal Aid Commission of New South Wales v. Director-General New South Wales Department of Community Services (1997) FLC 92-737, [1997] FamCA 11, 21 Fam LR 413
The children were 10 1/2 and 9 at the date of the alleged wrongful removal. The parents were married and both enjoyed rights of custody. On 17 February 1995 the mother took the children to Australia. The family had lived primarily in the United States until the mother and children travelled to Australia, with the […]
Civil Appeal 4391/96 Ro v. Ro
Grave Risk – Art. 13(1)(b) The Supreme Court held that the exception in Article 13(1)(b) did not apply in the present case for the following reasons:- (1) If the child returned with her mother there would be no grave risk of harm to the child. The Court persuaded the mother to accompany the child back […]
In re K. v. K., No. C 97-0021 SC (N.D. Cal. Apr. 11, 1997)
The child, a boy, was aged about 2 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. On 10 May 1996 the mother left the matrimonial home with the child, alleging she had suffered violence at the hands of the father. The police reported that the […]
Ciotola v. Fiocca, 86 Ohio Misc. 2d 24, 684 N.E.2d 763 (Ohio Com. Pl. 1997)
The child, a girl, was 1 1/3 at the date of the alleged wrongful retention. She had lived in Italy all of her life. The parents were married and had joint rights of custody. On 6 June 1996 the mother took the child to the United States to visit her relatives. She did not return. […]
Re O. (Abduction: Consent and Acquiescence) [1997] 1 FLR 924
The child, a boy, was aged 2 1/2 at the date of the alleged wrongful removal. The parents were married. On 28 August 1996 the child was taken to England by the mother. On 27 August 1996 the parents had signed a document purporting to allow the mother to relocate to the UK with the […]
C.W. v. H.R. and D.S.
The child, a boy, was approximately 7 at the date of the alleged wrongful removal. He had lived in Germany and Ireland. The parents were not married. Under a German court order the mother had custody, the father access. In 1994 the mother moved from Germany to Ireland with the child. In July 1995 the […]
S. v. H. (Abduction: Access Rights) [1998] Fam 49
The child, a boy, was aged 7 at the date of the alleged wrongful retention. He had lived in Italy all his life. The parents were not married and did not cohabit. In June 1996 the mother took the child to England, she informed the Italian Court that she intended to return in September. She […]
State Central Authority v. Ayob (1997) FLC 92-746, 21 Fam. LR 567
The child, a girl, was 5 1/2 at the date of the alleged wrongful removal. She had lived in the United States all of her life. The parents were separated. Custody was regulated by an agreement entered into by the parents whereby the mother had care of the child and the father had visitation rights. […]
In the Matter of Mahmoud, No. CV 964 165 (RJD) (E.D.N.Y. Jan. 24, 1997)
The mother applied for the return of her child before a New York State court. On the day of the hearing the father filed a notice of removal with the state and federal courts. Nevertheless, the state court judge ordered the return of the child. The mother then returned to England. Subsequently, before the federal […]
Wojcik v. Wojcik, 959 F. Supp. 413 (E.D. Mich. 1997)
The children, two girls, were aged a little over 6 and 3 _ at the date of the alleged wrongful retention. They had spent the majority of their lives in France. The parents were married. On 13 October 1994 the mother took the children to the United States on vacation. On 1 November she informed […]