Re C. (Abduction: Settlement) [2004] EWHC 1245
Settlement of the Child – Art. 12(2) Over 4 years had elapsed between the removal of the child and the commencement of return proceedings. During this time the child had been successfully concealed by her mother. The child had assumed the name and date of birth of a child who had died. The issue before […]
Family Appeal 548/04, Plonit v. Ploni
The proceedings related to two children, both girls, who were born in 1995 and 1998 and lived in France. The parents, who were not married, separated in September 1999. The mother alleged that she had been the victim of domestic violence. On 29 June 2000 a French court ordered that the children live with the […]
5P.156/2004 /dxc
CA Amiens 7 avril 2004, N? RG 03/04540 & 04/00274
Auto Juzgado de Familia Nº 6 de Zaragoza (Espa?a), Expediente Nº 1233/95-B
The boy, an American national, was born in California on 14 July 1993 to an American father and a Spanish mother. Thereafter, the parents separated, the mother alleging that the father had committed acts of domestic violence. In an interim hearing the mother was awarded exclusive custody of the child. On 1 March 1995 the […]
Auto Juzgado de Familia Nº 6 de Zaragoza (Espa?a), Expediente Nº 1233/95-B.
F. v. A.
The application related to a child born to an American mother and Italian father. The parents at no stage participated in a conventional relationship. They met and developed a friendship. Ms A at this time wished to become a mother, but not to have an on-going relationship. Mr F agreed to assist Ms A to […]
A. v. A. (Children) (Abduction: acquiescence) [2003] EWHC 3102 (FAM)
The children, a boy and a girl, were aged 13 and 9 at the date of the alleged wrongful retention. They had spent their entire lives in Portugal. The parents separated in 1997. The three youngest children remained with the father. In late 2002 the mother moved to England. In March 2003 the mother asked […]
Family case 107064/99 K.L v. N.D.S.
The proceedings related to a child, a boy, who was aged 12 at the date of the alleged wrongful removal. He was born in Sweden and lived there for the first two years of his life. His parents’ marriage then ended and the mother took him to Israel. The child spent summer vacations with the […]
DeHaan v. Gracia [2004] AJ No.94 (QL), [2004] ABQD 4
Habitual Residence – Art. 3 If the father’s application was to succeed he had to establish that the children were still habitually resident in France on the date from which he alleged they were being retained against his will. The Court rejected this submission. It found that the parents had established a clear intention to […]