Cass Civ 1?re 23/10/1990 C. c. G.
Rights of Custody – Art. 3 The father sought to argue that the retention was not wrongful as the mother was only awarded custody after the children had been retained. This argument was dismissed by the Court on the basis that Article 3 of the Convention refers not only to custody existing by judicial decisions […]
Director General of the Department of Family and Community Services v. Davis (1990) FLC 92-182, [1990] FamCA 119, 14 Fam LR 381
The children were 10 1/2, 8 and nearly 4 at the date of the alleged wrongful removal. They had lived in Australia and the United Kingdom. The parents were married and had joint rights of custody. In late 1989 the family decided to relocate to England. The oldest child moved in November 1989 while the […]
43R466/90 Landesgericht f?r Zivilrechtssachen Wien
The child, a boy, was 6 years old at the date of the alleged wrongful removal. He had lived in Spain with both of his parents since his birth. The parents were married and had joint rights of custody. On 8 February 1990 the mother travelled to Austria with the child without informing the father. […]
Re M. (Minors) (Abduction) [1992] 2 FCR 608
The children, 2 boys and a girl, were 10, 7 1/4 and 8 respectively at the date of the alleged wrongful removal. They had lived in the United States all of their lives. The parents were divorced and had joint legal custody, with physical care being vested in the mother. On 12 June 1989 the […]
Re J. (A Minor) (Abduction: Custody Rights) [1990] 2 AC 562, [1990] 2 All ER 961, [1990] 2 FLR 450, sub nom C. v. S. (A Minor) (Abduction)
The child, a boy, was 2 1/3 at the date of the alleged wrongful removal. He had lived in Western Australia all of his life. The parents were not married and the father had no custody rights in respect of the boy. On 21 March 1990 the mother took the boy to England, her State […]
The Matter of the Children’s Law Reform Act: Between S. Del Carmen Miranda de Martinez v. G. Martinez-Jarquin (18 July 1990), transcript, Ontario Court; Provincial Division
The children, a boy and a girl, were 10 1/2 and 3 1/3 at the date of the alleged wrongful removal. They had lived in El Salvador all of their lives. The parents were separated. The mother had custody and the father visiting rights. On 7 April 1989 the father took the children to the […]
Re S. (A Minor) (Abduction) [1991] 2 FLR 1
The child, a girl, was 11 at the date of the alleged wrongful removal. She had lived in both Canada and the United States. The parents were divorced and had joint rights of custody, with the mother initially having physical care. On 3 July 1988 the father took the child from Canada to the United […]
Dickson v. Dickson 1990 SCLR 692
The child, a boy, was aged 1 1/2 at the date of the alleged wrongful retention. The parents were married and had joint rights of custody. In March 1989 the family emigrated to Australia. On 21 October 1989 the father took the child back to the United Kingdom. The mother consented to this removal, but […]
1Ob614/90 Oberster Gerichtshof
The child, a girl, was approximately 7 years old at the time of the allegedly wrongful removal. She had been living in Austria with her married parents since birth. On 16 January 1990 the mother took the child with her to the United States of America, leaving the father with only a letter of goodbye […]
7Ob573/90 Oberster Gerichtshof
The child, a girl, was 15 months old at the date of the alleged wrongful removal. She had lived in Spain since birth. The parents were married and both had joint rights of custody. On 26 June 1988 the mother brought the child to Austria without the consent of the father. On 29 December 1989 […]