Re E. (Abduction: Non-Convention Country) [1999] 2 FLR 642
Non-Convention Issues The mother argued that the trial judge had erred in making a return order since under Sharia rules that would lead to the children being separated from both parents. Seeking to rely on the earlier Court of Appeal decision in Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231 [INCADAT cite HC/E/Uke […]
Re J. (Abduction: Declaration of Wrongful Removal) [1999] 2 FLR 653
The child, a boy, was 1 1/2 at the date of the alleged wrongful removal. He had lived in England since his birth in the same household with both his parents. His parents were not married. Some time around February 1999 the father invited the mother to make a parental responsibility agreement with him but […]
CE 30/06/1999 M Guichard
The child who was aged approximately 1 1/2 at the date of the alleged wrongful removal was born in France to a Canadian mother. On 13 May 1992 the mother relocated to Montr?al (Canada) with the child. In letters dated 5 March and 21 April 1993 the father sought the assistance of the French Central […]
S. v. S., ‘ir’ur mehozi (Family Appeal) 128/99 (nyr)
The child, a boy, was 12 1/2 at the date of the alleged wrongful removal. The parents, both orthodox Jews, were married. The child lived in the United States but had made frequent and extended visits to Israel. The parents had been planning to emigrate to Israel. The father took the child to Israel without […]
D.I. Petitioner [1999] Green’s Family Law Reports 126
The case related to a boy aged 4 at the date of the alleged wrongful removal. The parents were separated and had joint rights of custody. The child had lived in Sicily in Italy. On or about 6 August 1998 the mother took the child to Scotland. The father petitioned for the return of the […]
1 Ob 147/99w, Oberster Gerichtshof
L’enfant avait la double nationalit? austro-am?ricaine. Les parents ?taient mari?s et avaient d’abord v?cu avec l’enfant ? St Petersburg (USA) avant de s’installer en Autriche (dont la m?re ?tait originaire) en mars 1997. Alors que la m?re voulait rester en Autriche, le p?re voulut finalement repartir aux ??tats-Unis d’Am?rique. La m?re craignit qu’il n’y emmen?t […]
7 UF 39/99, Oberlandesgericht Bamberg
The application related to a child born in 1996. He had spent his entire life in the United States with his parents until he was taken by his mother to Germany in December 1997. The purpose of this trip was the subject of dispute, it was the mother’s case that it was a permanent relocation, […]
Re B. (Abduction: Acquiescence) [1999] 2 FLR 818
The child, a girl, was 5 at the date of the alleged wrongful removal. She had lived in both England and the United States. Her parents were married and had joint rights of custody. On 4/5 October 1997 the mother went to England, her State of origin, with the child. On 11 February 1998 the […]
C. c. dame X., IIe cour civile du 29.4.1999, ATF 125 III 301
L’affaire concernait un enfant n? en 1989 et avait pass? les six premi?res ann?es de sa vie au Portugal avant de s’installer en Suisse. Le 5 mai 1998, le service m?dico-p?dagogique saisit un tribunal suisse d’une requ?te tendant au retrait de la garde de l’enfant, assorti d’une curatelle en vue de son placement. La requ?te […]
P. (N.) v. P. (A.), 1999 CanLII 20724 (QC CA) (Droit de la Famille – 3193) SOQUIJ AZ-99011344
Grave Risk – Art. 13(1)(b) A grave risk defence should be based upon serious and convincing evidence. In ordinary circumstances, a parent’s refusal to accompany a child back to the place of habitual residence from which the child had been unlawfully removed was not a valid or acceptable reason for not making an order. In […]