Re S. (A Child: Abduction) [2002] EWCA Civ 1941, [2003] 1 FLR 1008
The child, a boy, was 7 at the date of the alleged wrongful retention. He was born in Germany and had German nationality. The mother was German and the father was Welsh. They had married in September 1996 and were divorced in August 1998. On 15 February 1999 the mother was awarded residence and the […]
M.M v. A.M.R. or M. 2003 SCLR 71
The three children, two girls and a boy, were aged 5, 3 and 2 respectively, at the date of the alleged wrongful retention. They were habitually resident in the USA. The parents were married and had joint rights of custody. On 3 May 2001 the mother travelled to Scotland with the three children in order […]
Cour d’appel de Luxembourg, 30 octobre 2002, No de r?le 26941
L’affaire concernait un enfant n? en 1998. Depuis la s?paration des parents le 26 avril 2002, l’enfant ?tait all? au Luxembourg avec sa m?re o? il ?tait retenu illicitement depuis qu’un tribunal allemand avait ordonn? le 11 juillet 2002 le retour de l’enfant pr?s du p?re, en Allemagne. Le p?re demanda le retour. Le 5 […]
M.G. v. R.F., 2002 R.J.Q. 2132
The child, a girl, was born in Australia in 2000. A few weeks after the birth, the parties moved to the United States. In October 2000, the mother, without the knowledge of the father, took the child to Canada. The father brought a return application in May 2001. The judge at first instance held that […]
Delvoye v. Lee, 224 F. Supp. 2d 843 (D.N.J. 2002)
The application concerned a baby boy who was born in Belgium on 14 May 2001. The American mother and Belgian father, who were not married, had met in America in early 2000. They began a relationship and the father, who continued to reside principally in Belgium, visited the mother several times in New York during […]
J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
The mother and father were married in the United States in 1990. Their child, a girl, was born in January 1992. The mother and father divorced in the United States in 1993. Under the divorce decree the parents had joint custody, the mother having physical care, the father access. In 1995, on the basis of […]
Silverman v. Silverman, 2002 U.S. Dist. LEXIS 8313
The children were 8 and 5 at the date of the alleged wrongful retention. The parents were married and the family had lived together in the United States until August 1999 when they moved to Israel. The family stayed there for 10 months when the mother took the children back to the United States for […]
Janine Claire Genish-Grant and Director-General Department of Community Services [2002] FamCA 346, (2002) FLC 93-111; 29 Fam LR 51
The parties lived at various places in Australia from 1990 until March/April 1995 when they went to live in Israel. The mother returned to Australia with the children in December 2000 with the agreement of the father that she could remain in Australia for a period of 3 months. Prior to leaving Israel the mother […]
CA Aix en Provence, 8 octobre 2002, No de RG 02/14917
The children, 5 girls, were aged 13, 10, 8, 7 and 5 at the date of the alleged wrongful removal. At the time of the removal, the family had been living in Israel for 3 years. On 29 January 2002, in the initial stages of divorce proceedings, the Rabbinical Court of Ashkelon recognised an agreement […]
Tribunal for Children, Brescia, 16 May 2002, Case No. 209/02 RGCC et n. 1198 CRON.
Rights of Custody – Art. 3 The Italian Court recognized the validity of the father’s request for return since, as a result of the judgment of the Oregan Court, he had custody rights over his daughter which he had been exercising. Grave Risk – Art. 13(1)(b) The mother sought to invoke the grave risk of […]