Bundesverfassungsgericht, 2 BvR 420/99, 9 March 1999

INCADAT legal file Hague parental abduction

The case concerned two children born in 1993 and 1995. The family lived in Sweden and the parents had joint custody. The parents separated a first time in February 1997. The father permitted the mother to take the children to Germany. However, pursuant to the mother’s admission to hospital in June, the father returned the […]

45R889/98p Landesgericht f?r Zivilrechtssachen Wien

INCADAT legal file Hague parental abduction

The child, a girl, was 4 months old at the date of the alleged wrongful removal. Her parents were not married however both parents possessed rights of custody. The child lived with her mother. On 14 October 1998 the father visited the child and her mother in Italy. During the mother’s absence from the home, […]

?.L.K. 1. Februar 1999, 1. afd., B-0149-99

INCADAT legal file Hague parental abduction

The child, a girl, was 8 at the time of the alleged wrongful removal. She had lived in Norway all of her life. The mother was single and had sole custody of the child. On 22 August 1998 the girl was forcibly removed from the mother’s care and placed in a children’s home by the […]

Dellabarca v. Christie [1999] NZFLR 97

INCADAT legal file Hague parental abduction

The child, a boy, was 2 at the date of the alleged wrongful removal. He had lived in New Zealand all of his life. The parents were not married. On 10 November 1995 a Family Court appointed counselor facilitated an agreement between the parents whereby the mother would have custody and the father weekly access. […]

In re Walsh, 31 F. Supp. 2d 200 (D. Mass. 1998)

INCADAT legal file Hague parental abduction

The children, a girl and a boy, were 8 1/4 and 3 1/4 respectively at the date of the alleged wrongful removal. They had lived in the United States and Ireland. The parents were married and had joint rights of custody. They travelled to Ireland separately in January 1994 since the father was facing serious […]

C. v. M., 18 December 1998, Administrative Court of Appeals (Stockholm, Sweden)

INCADAT legal file Hague parental abduction

Habitual Residence – Art. 3 The mother sought to argue that the child had not acquired a habitual residence in Texas notwithstanding over 2 years residence there. The mother argued that she had always retained the intention of returning to Sweden, both her and the child were Swedish citizens and the child was listed with […]

Belton v. Belton (1998), 132 Man.R. (2d) 265 (Q.B. (Fam. Div.))

INCADAT legal file Hague parental abduction

The father and mother, Canadian citizens, were married in Canada in 1993. Their child, a girl, was born in Canada in March 1995. In November 1996 the family moved to Texas and in February 1997 they moved to Tennessee. In December 1997 the father took the child for a visit to Canada. The father and […]

Bromley v. Bromley, 30 F. Supp. 2d 857 (E.D. Pa. 1998)

INCADAT legal file Hague parental abduction

The children, a girl and a boy, were born in October 1987 and 1989 respectively. They had lived in the United States all of their lives. The parents were divorced. The mother had sole custody, the father access. At some point after the divorce the father moved to England. The father asserted that he had […]