Tribunale per i minorenni dell’Emilia-Romagna, 11 June 2001, Case No. 513/01 Vol. et n. 1645 Cron.
The children, a boy and a girl, were aged 5 and 2 at the date of the hearing. They had both been born and brought up in the Netherlands. The parents divorced in early 2001. Thereafter, following detailed negotiations and with the assistance of family mediators, an agreement was entered into as to the care […]
Re B. (Children)(Abduction: New Evidence) [2001] 2 FCR 531
The application related to three children, aged almost 14, 12 and almost 10, at the date of the alleged wrongful removal. Until that moment they had spent their entire lives in New Zealand. The parents were divorced and in a separation agreement made in 1991 they had agreed to joint custody, albeit with the mother […]
Armiliato v. Zaric-Armiliato, 169 F. Supp. 2d 230 (SDNY 2001)
The child, a girl, was aged 7 1/3 at the date of the alleged wrongful removal. Her father was an Italian citizen, her mother had Italian and Yugoslavian citizenship. The family travelled frequently throughout the world as a result of the father’s career as an international opera singer. The family rented a flat in Genoa. […]
D. v. D. [2001] ScotCS 103
Aims of the Convention – Preamble, Arts 1 and 2 The court recalled that an order in favour of the Petitioner was not determinative of who should ultimately have care of the child, rather it was simply that the child should be returned to his State of habitual residence. Moreover, there was no requirement to […]
March v. Levine, 249 F.3d 462 (6th Cir. 2001)
The children, a boy and a girl, were 10 and 6 respectively at the date of the alleged wrongful removal. They had lived in both the United States and Mexico. The parents had been married, however the mother disappeared in 1996 and thereafter the father cared for the children alone. The maternal grandparents alleged that […]
Chan v. Chow (2001), 199 D.L.R. (4th) 478 (B.C.C.A.)
Habitual Residence – Art. 3 Habitual residence is a question of fact to be decided by reference to all the circumstances of the case. A habitual residence is established by residing in a place for an appreciable period of time with a settled intention. A child’s habitual residence is tied to the habitual residence of […]
Oberlandesgericht Celle, 15 UF 85/01, 24 April 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]
40 F 130/01 HK, Familiengericht Saarbr?cken
The child, a girl, was 6 years old at the date of alleged wrongful retention. From March 1997 to 1998 she lived in Tennessee (USA) with her parents and three siblings from the mother’s previous marriage. In August 1998 the parents divorced. The father was awarded sole custody and his daughter remained with him in […]
Oberlandesgericht K??ln, 21 UF 70/01, 12 April 2001
The child, a boy, was almost 3 years old at the date of the alleged wrongful removal. From his birth in February 1998 to December 2000 he had lived in Finland. In July 1999 the parents divorced. In January 2000 the parents were awarded joint custody, with the mother having care of the child, the […]
McL. v. McL.
The four children, two boys and female twins were aged 13, 10 and 8 at the date of the alleged wrongful removal. They were all born in the United States and lived there all of their lives. The parents were separated. The children remained in the actual care of the mother. In the summer of […]