Cooper v. Casey (1995) FLC 92-575, [1995] FamCA 2, 18 Fam LR 433

INCADAT legal file Hague parental abduction

The children involved in the application were both boys, the elder being a little over 5 at the date of the alleged wrongful removal. The parents were married and both enjoyed rights of custody. Up until July 1993 the boys had moved between Australia and the United States. The mother then moved with the boys […]

Emmett and Perry and Director-General Department of Family Services and Aboriginal and Islander Affairs Central Authority and Attorney-General of the Commonwealth of Australia (Intervener)(1996), (1995) FLC 92-645, [1995] FamCA 77

INCADAT legal file Hague parental abduction

The children, 3 girls, were 13 1 /2, 12 3/4 and 6 at the date of the alleged wrongful retention. They had lived in a number of countries including Australia and the United States. The parents were separated. In May 1991 the mother returned to Australia with the children. On 24 July 1991 the mother […]

Re P. (Abduction: Declaration) [1995] 1 FLR 831

INCADAT legal file Hague parental abduction

The child, a girl, was almost 3 at the date of the alleged wrongful removal. During her life she had moved between England and the United States. The parents were married and each had custody rights in respect of the child. On 6 May 1994 the maternal aunt took the girl to California, the mother […]

Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995)

INCADAT legal file Hague parental abduction

The children, a boy and a girl, were 3 _ and 1 _ at the date of the alleged wrongful removal. They had lived in both Sweden and Poland, moving to the latter State in November 1992. In May 1993 the mother unilaterally removed the children to the United States of America. However, she returned […]

Hoge v. Hoge [1994] AJ No. 1036, (1994) 162 AR 397, (1994) 10 RFL (4th) 1

INCADAT legal file Hague parental abduction

The two children of the marriage had lived in both Canada and the United States. The parents were divorced and the mother was initially awarded custody of the children, the father access. Thereafter the mother moved with the children to Montana in the United States. In 1993, due to the mother’s work constraints, the parents […]

Morris v. Poole, [1995] 6 W.W.R. 166 (N.W.T.S.C.)

INCADAT legal file Hague parental abduction

Removal and Retention – Arts 3 and 12 The judge found that the child had been wrongfully retained in the Northwest Territories after the end of the summer 1994. The retention was in breach of the California court order of 21 July 1993, the father having not waived his rights as joint custodian except for […]

Re G. (Abduction: Striking Out Application) [1995] 2 FLR 410

INCADAT legal file Hague parental abduction

The children were aged 7, 6, 5 and 3 at the date of the alleged wrongful retention. They had lived in both the United States and England. Between 1990 and 1992 the mother and the children lived in England. On 4 May 1992 they travelled to the United States. On 11 June 1992 a Florida […]

Chalkley v. Chalkley (1995) ORFL (4th) 422; leave refused [1995] SCCA No. 33

INCADAT legal file Hague parental abduction

The children, both girls, were 14 1/3 and 2 1/3 at the date of the alleged wrongful removal. The older girl, a child from the mother’s previous relationship, had lived in Manitoba for the first eleven years of her life. The parties had married in Manitoba on 28 August 1990 and moved to England in […]

Re R. (Child Abduction: Acquiescence) [1995] 1 FLR 716

INCADAT legal file Hague parental abduction

The children, two boys, were aged 7 1/2 and 6 at the date of the alleged wrongful retention. The parents were divorced. On 17 February 1994 the parents entered into an agreement whereby the father was to be the custodial parent. In March the mother then returned alone to Wales, her State of origin. On […]

Re M. (Abduction: Acquiescence) [1996] 1 FLR 315

INCADAT legal file Hague parental abduction

The child, a boy, was 3 1/4 at the date of the alleged wrongful removal. He was born in Greece and lived there for the majority of his life. The parents were married, but separated in early December 1990. In the spring of 1991 the mother travelled to England, her State of origin, with the […]