Re T. (Abduction: Child’s Objections to Return) [2000] 2 F.L.R. 192
The children, a girl and a boy, were 11 and 6 1/2 at the date of the wrongful removal. The parents, who were separated, had joint rights of custody. The parents were British but had moved to Spain shortly before the birth of their son. The children’s home was in Spain. Custody proceedings in respect […]
Director-General, NSW Department of Community Services and Odierna, 17 March 2000, Family Court of Australia (Sydney) [2000] FamCA 2102
Rights of Access – Art. 21 Under different Italian court orders the father had sole custody in respect of the child. Consequently he did not have any order conferring him with access rights. Having failed in his return application he sought to argue that his custody order was the equivalent of an order providing for […]
Re M. (Abduction: Intolerable Situation) [2000] 1 FLR 930
The three children were aged 6, 5 and 4 at the date of the alleged wrongful removal. They were born in Norway and had lived there their entire lives. The parents, both Somali nationals, were married and had joint rights of custody. The parent’s relationship was clearly a troubled one. In 1994 the father was […]
Re H. (Abduction: Habitual Residence: Consent) [2000] 2 FLR 294
The child, a boy, was 3 1/2 at the date of the alleged wrongful retention. He was born in Sweden to a Swedish mother and British father. The parents never married but 2 months after the child was born they entered into a formal written agreement (“Bekraftelse”) in which they confirmed the child’s paternity and […]
Re H. (A Minor) (Abduction: Rights of Custody) [2000] 2 AC 291
The child, a girl, was 6 at the date of the alleged wrongful removal. She had until then lived all of her life in the Republic of Ireland. The parents, who had never married, separated in 1995. On 11 April 1996 the District Court of Carrigaline, by consent, made a custody order in favour of […]
Kantonsgericht von Graub?nden (Court of Appeal of the Grisons Canton), decision of 6 March 2000, PZ 00 9
The child, a girl, was aged 10 at the date of the alleged wrongful retention. Until then she had been living in Italy. The child’s mother was dead and she was cared for by the maternal grandmother at the request of the father who served as a Swiss guard at the Vatican. In 1999 the […]
CA Lyon, 15 mars 2000, No de RG 53/2000
Les quatre enfants en cause, dont le plus jeune ?tait ?g? d’un an au moment du d?placement, avaient ?t? unilat?ralement emmen?s des Etats-Unis en France par la m?re. Le 8 f?vrier 2000, le tribunal de grande instance de Lyon avait ordonn? le retour imm?diat des enfants aux Etats-Unis o? ils devaient ?tre remis ? leur […]
TGI Montpellier, 1 f?vrier 2000, No 00310/00
L’enfant, une fille, ?tait ?g?e de 19 mois ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Elle avait jusqu’alors toujours v?cu en Grande-Bretagne avec ses parents. A la suite d’une m?sentente entre les ?poux, le p?re obtint du tribunal de Stockport une ordonnance interdisant ? la m?re de sortir l’enfant du territoire […]
(DELETED) PE 36/1999 pm
P. v. S., 2002 FamLR 2
The application related to a boy born in the United States in December 1990. The parents were married but separated in February with the mother moving with the child to a different state. In 1995 the father issued custody proceedings. In August 1996 the mother took the child from the United States to Europe. She […]