Re S. (A Minor) (Abduction: Custody Rights) [1993] Fam 242
The child, a girl, was 9 1/4 at the date of the alleged wrongful removal. She had lived in France since March 1991. The parents were separated and by the terms of a written agreement they had agreed that the child would live with the mother in France and the father would have unrestricted access. […]
Cass Civ 1?re 16/7/1992, H. c. H.
The children, a boy and girl, were aged almost 2 and 3 months at the date of the alleged wrongful retention. The parents were married. In the summer of 1989 the family came to France for a holiday. On 30 July 1989 the mother informed the father that she did not intend to return with […]
Re R. (Wardship: Child Abduction) (No. 2) [1993] 1 FLR 249
The child, a girl, was 5 at the date of the alleged wrongful removal. The parents were not married. They had lived together in England until July 1991. On 21 July 1991 the mother took the girl to Ontario. On 25 September 1991 the High Court awarded custody to the father, ordered the mother to […]
C. v. C., 25 May 1992, Tel Aviv District Court (Israel)
Aims of the Convention – Preamble, Arts 1 and 2 The Court expressed the view that it was competent to annul the decision of the Haifa District Court regarding custody since the provisions of the Convention took precedence over all contrary legal provisions (under the Israeli implementing statute). In this the Court referred to Article […]
8Ob535/92, Oberster Gerichtshof
Interpretation of the Convention The Supreme Court emphasized that the Convention entered into force in the United States of America on 1 July 1988, i.e., shortly before the wrongful retention of the child. The Court added that the Convention nevertheless entered into force in Austria shortly after the retention (on 1 October 1988). It was […]
B. v. B. (Abduction: Custody Rights) [1993] Fam 32, [1993] 2 All ER 144, [1993] 1 FLR 238, [1993] Fam Law 198
The child, a boy, was 5 1/2 at the date of the alleged wrongful removal. During his life he had moved between England and Canada. The parents were married and each had custody rights in respect of the child. On 3 July 1991 the mother took the boy to England, her State of origin. On […]
Re F. (Minors) (Abduction: Habitual Residence) [1992] 2 FCR 595
The children were 3 and 1 1/2 at the date of the alleged wrongful retention. They had lived in Canada all of their lives. The parents were married and had joint rights of custody. In October 1991 the mother took the children to England, her State of origin, for a two-month holiday. The father joined […]
2Ob596/91, Oberster Gerichtshof
The three children, two boys and a girl, were aged 10, 7 and 5 at the date of the alleged wrongful removal. The parents divorced in England in 1988. Custody was transferred to the mother and the father was granted a right of access. The court further ordered that the children were not allowed to […]
Re A. (Minors) (Abduction: Custody Rights) (No. 2) [1993] Fam 1
The children, both boys, were aged 6 and 4 1/2 at the date of the alleged wrongful removal. The boys had moved between England and Australia. At the date of the removal they had been in Australia for two years. The parents were divorced and had entered into an agreement as to the care of […]
T. v. M., 15 April 1992, transcript (Unofficial Translation), Supreme Court of Israel
The child, a boy, was 5 1/2 at the date of the alleged wrongful removal. He had lived in France all of his life. The parents were divorced; they had joint custody with the child residing with the mother. In January 1991 the mother took the child to Israel. The father applied for the return […]