1Ob648/92 (1Ob649/92), Oberster Gerichtshof
The two children concerned were born to married parents. Since the summer of 1989 they lived with their maternal grandparents in Hungary. The grandmother applied for custody of the children. On 23 and 24 April 1990 the Council of the 13th Canton of Budapest awarded interim custody to the grandmother who was also designated guardian […]
Re B.-M. (Wardship: Jurisdiction) [1993] 1 FLR 979
The child, a boy, was 10 months at the date of the alleged wrongful retention. The parents were not married and the father had no legal custody rights in respect of the boy. On 3 September 1992 the mother took the child to Germany, her State of origin. In August 1992 the father had begun […]
Re R. (Minors) (Abduction) [1994] 1 FLR 190
The children, both boys, were 5 1/3 and 3 at the date of the alleged wrongful removal. They had lived in France all of their lives. The parents were not married. In February 1991 the mother left the home with the children and took them to a women’s refuge. The father applied for parental authority […]
W. v. W. (Child Abduction: Acquiescence) [1993] 2 FLR 211
The child, a boy, was aged 4 1/2 at the date of the alleged wrongful retention. He had lived in Australia all of his life. The parents were married and both had custody rights. On 13 August 1991 the mother took the child to England to stay with the maternal grandparents. The nature of the […]
Re C. (Minors) (Enforcing Foreign Access Order) [1993] 1 FCR 770
The child, a boy, was nearly ten at the date of the proceedings. The parents were divorced. On 18 April 1985 the New Hampshire Superior Court awarded custody to the mother and reasonable rights of access to the father. This was on the understanding that following the divorce the mother would relocate to England with […]
Zimmerman v. Zimmerman (1992), 42 R.F.L. (3d) 264 (B.C.S.C.)
The two children, boys (J & G), were born in Canada in 1989 and 1991 to German parents who had been landed immigrants in Canada since 1987. In November 1991 the parents separated and the mother took G to Germany. When the mother returned to Canada in April 1992 the parties arrived at a written […]
A. v. A. (Child Abduction) [1993] 2 FLR 225
The children, three girls and a boy were 9 3/4, nearly 8, 4 1/3 and 5 2/3 respectively at the date of the alleged wrongful removal. They had lived in France, England and Australia. The parents were married and had joint rights of custody. There were frequent separations and reconciliations during the course of the […]
Foxman v Foxman
The applicant and respondent were married in Canada and had three children. After their divorce the mother took the children to Israel in March 1992. The mother argued that Quebec was not a ‘country’ bound by the 1980 Convention, that the father was not entitled to demand the return of the children since the mother […]
Re B. (Minors) (Abduction) (No. 1) [1993] 1 FLR 988
The children, two boys, were 3 2/3 and 2 1/4 at the date of the alleged wrongful retention. They had lived in England, Scotland and Germany. The parents were married and had joint rights of custody. On 20 January 1992 the family moved to Germany. On 19 July 1992 the family travelled to England. The […]
Taylor v. Ford 1993 SLT 654
The children were 9 and 7 at the date of the alleged wrongful removal. They had lived in Canada all of their lives. The parents were not married. On 16 July 1991 the father obtained an ex parte order from a court in Ontario prohibiting the mother from removing the children from the province. In […]