7Ob35/97s, Oberster Gerichtshof
L’enfant, un gar?on, ?tait n? au Canada, d’une m?re autrichienne et d’un p?re mexicain. Le p?re demanda le divorce en Juin 1995 devant une juridiction de Montr?al. Le 15 d?cembre 1995, la m?re saisit une juridiction qu?b?coise (Superior Court), qui lui donna provisoirement la garde de l’enfant. Selon cette d?cision provisoire, le p?re pouvait exercer […]
4Ob2378/96a, Oberster Gerichtshof
L’enfant, une fille, ?tait ?g?e d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. La famille vivait dans le Michigan. Le 30 octobre 1995, la m?re emmena unilat?ralement l’enfant en Autriche, sans le faire savoir au p?re. Le 3 novembre 1995, la m?re demanda la garde de l’enfant. Le 10 novembre […]
In re Interest of Zarate, No. 96 C 50394 (N.D. Ill. Dec. 23, 1996)
The child, a girl, was 7 at the date of the alleged wrongful retention. On 25 August 1988 the parents signed an agreement before a municipal court judge in Mexico giving the father custody. The child had lived in Mexico from 1988 until July 1995. In July 1995 the mother took the child to the […]
Re K. (Abduction: Consent) [1997] 2 FLR 212
The child, a girl, was aged almost 1 at the date of the alleged wrongful retention. The parents were married. On 25 October 1996 the mother returned with the child to her former home in England. On 1 November 1996 the mother informed the father that she did not intend to return to the family […]
Caro v. Sher, 296 N.J. Super. 594, 687 A.2d 354 (Ch. Div. 1996)
The children were 13, 11 and 7 at the date of the alleged wrongful removal. They had lived in Spain all of their lives. In February 1993 the tribunal of first instance in Alicante delivered a provisional decree granting the mother physical custody of the children. In July 1993 the mother travelled with the children […]
Pirrie v. Sawacki 1997 SLT 1160
The children, a boy and a girl, were 10 1/4 and 8 3/4 at the date of the alleged wrongful removal. They had lived in Scotland all of their lives. The parents were divorced and the mother had custody. On 13 June 1994 the mother took the children to the United States of America. The […]
Burns v. Burns, No. Civ. A. 96-6268 (E.D. Pa. Dec. 6, 1996)
The alleged wrongful retention related to four children. On 22 July 1996 the mother took them from their home in England to visit their father in the United States. He had been there since November 1994. After the children’s arrival the father took and “secured” their passports. He then filed for divorce in the Court […]
Re H.B. (Abduction: Children’s Objections) [1997] 1 FLR 392
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 moved from England and had lived in Denmark for 7 years. The parents were divorced. The mother had the responsibility of care and control of the children and the father had […]
Kinnersley-Turner v. Kinnersley-Turner (1996), 140 D.L.R. (4th) 678 (Ont. C.A.)
The mother and father married in England in 1985 and divorced in 1988. Their one child, a girl, was born in 1988. Under the terms of a consent order issued by the English court, the mother was awarded custody and was also permitted to relocate to Canada. The father was granted access. The mother moved […]
Harsacky v. Harsacky, 930 S.W.2d 410 (Ky. App. 1996)
The children, both girls, were 4 _ and 3 at the date of the alleged wrongful retention. They had lived in both Finland and the United States. In April 1995, after almost three years in Finland, the family went to the United States. Prior to their departure they leased their home, sold many of their […]