Director-General, Department of Families v. R.S.P. [2003] FamCA 623, (2003) FLC 93-152, (2003) 30 Fam LR 566
The child was almost 2 at the date of the alleged wrongful removal. Prior to then she had been living with her Australian mother and American father in the United States. The parents were married. Following the birth the mother was diagnosed as having post-natal depression and was prescribed anti-depressants. In April 2001 the mother […]
Guichard v. France, Requ?te n?56838/00
The child was born in 1990 to a French father and a Canadian mother. He had always lived in France. On 13 May 1992, the mother unilaterally decided to take the child to Canada to live with her. In 1993, a Canadian Court granted custody of the child to the mother. The various applications for […]
N? de r?le: 02/7742/A, Tribunal de premi?re instance de Bruxelles, 27/5/2003
The child, a boy, was 11 years old at the date of the alleged wrongful retention. His parents had not been married, and had separated in 1993. The child had remained with his mother in Italy since then. On 21 June 2001, the father took the child to Belgium (where he had been residing since […]
Re R. (Abduction: Habitual Residence) [2003] EWHC 1968
Habitual Residence – Art. 3 The issue before the Court was where was the child habitually resident in March 2003. If there was to be a wrongful retention that child had to be habitually resident in Germany. There was significant dispute between the parents as to the nature of their stay in Germany. It was […]
11 UF 121/03, Oberlandesgericht Hamm
Rights of Custody – Art. 3 Actual Exercise Under English law, the law of the children’s State of habitual residence, the father held rights of custody, including the right to determine the children’s place of residence. The Court found that the father continued to exercise this right after his separation from the mother. It ruled […]
Paradis v. Germany, Requ?te n?4783/03
Les trois enfants en cause ?taient n?s au Canada d’une m?re allemande et d’un p?re canadien. Apr?s trois ans de vie maritale, la m?re emmena ses trois enfants et leur demi-sœur issue d’un premier lit, dans un refuge pour femmes en difficult?. Le m?me mois, en f?vrier 1997, le p?re obtint la garde provisoire de […]
Jabbaz v. Mouammar (2003), 226 D.L.R. (4th) 494 (Ont. C.A.)
The mother and father, Canadian citizens, lived together in Canada for three years. They had one child, a boy, who was six years old at the time of the Court’s decision. The mother and father separated in 1998. They entered into an agreement for joint custody with primary residence to be with the mother. Under […]
C. v. C. 2003 S.L.T. 793
Removal and Retention – Arts 3 and 12 – Consent – Art. 13(1)(a) The mother submitted that the father had consented to the removal and in this relied upon a note he had written on 8 July 2008 which affirmed that he assigned all rights to the child to the mother and allowed her to […]
5P_71/2003/min, II. Zivilabteilung, arr?t du TF du 27 mars 2003
L’enfant, une fille, ?tait ?g?e de 3 ans _ ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Les parents, d’origine turque, avaient v?cu pendant des ann?es en Australie avec l’enfant et venaient juste de divorcer. L’autorit? parentale ?tait conjointe. An ao?t 2001, la m?re emmena l’enfant d’abord en Turquie puis en Suisse. […]
Fawcett v. McRoberts, 326 F.3d 491 (4th Cir. Va., 2003)
The child, a boy, was seven years old at the date of the alleged wrongful removal. He had lived in Scotland all of his life. The parents were divorced and the father had been granted care of the boy and an older sister, the mother access. The parents were involved in ongoing litigation over custody […]