2 UF 156/98, Oberlandesgericht Zweibr?cken
L’enfant, n? en juillet 1997 en Allemagne, ?tait ?g? d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Le 16 juin 1998, les parents s’?taient s?par?s d’un commun accord. En juillet, la m?re alla aux Etats-Unis avec l’enfant. Le p?re saisit le juge aux affaires familiales (Familiengericht) de Landstuhl en vue […]
4 UF 223/98, Oberlandesgericht D?sseldorf
Removal and Retention – Arts 3 and 12 It was not seriously disputed by the mother that her actions in retaining the child were wrongful. Grave Risk – Art. 13(1)(b) It was noted that on the two evenings following the appeal hearing the child had suffered an asthma attack and had been placed under observation […]
Supreme Court of Finland: 1998: No 3492 S98/917
The case related to two young boys who had lived in the United States but were removed to Finland by their mother. The father brought return proceedings and on 10 September 1997 the Supreme Court of Finland ordered the boys return. However, that order was not enforced and the mother brought substantive custody proceedings in […]
?.L.K. 16. november 1998, 14. afd., B-2805-98
Rights of Custody – Art. 3 The court noted that the parents had joint rights of custody and that the mother’s removal of the child to Denmark breached the father’s rights and was therefore wrongful.
Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
The children, a boy and a girl, were 6 2/3 and 3 respectively at the date of the first alleged wrongful removal. They had until then lived in Germany all of their lives. The parents were separated and had joint rights of custody. On 17 February 1997 in a custody hearing in Germany the mother […]
Toren v. Toren, 26 F. Supp. 2d 240 (D. Mass. 1998)
The children were 7 and 4 at the date of the alleged wrongful retention. They had lived in both Israel and the United States. In December 1994 the parents divorced and were granted joint rights of custody. With parental agreement the Rabbinical District Court in Jerusalem ordered that the children would reside in Israel for […]
562 f 4374/98, Familiengericht M?nchen (Family Court of Munich) (Germany), 23 October 1998
The child, a boy, was 1 at the date of the alleged wrongful retention. He had lived in both the United States and Germany. The parents were separated. On 27 April 1998 the Circuit Court for Baltimore County declared binding a parental agreement whereby the parents were to have joint legal custody of the child. […]
In re C.L. (a minor); J.S. v. C.L., transcript, 25 August 1998
The child was 3 at the date of the alleged wrongful removal. The parents were not married but both had rights of custody. The child had initially lived in Dublin but in April 1997 the mother unilaterally took the child to Belfast in Northern Ireland. The father did not petition for the child’s return under […]
Decision of 4 September 1998 [1998] R.D.F. 701
The children, both boys, were 12 and 4 at the date of the alleged wrongful removal. They had lived in Canada and Greece. The parents were separated. A consent order was made in 1996 awarding custody to the mother. Sometime thereafter the father moved to Greece. In 1997 the father sought to attempt a reconciliation […]
Re S. (Abduction: Return into Care) [1999] 1 FLR 843
Grave Risk – Art. 13(1)(b) It was argued that the allegations of sexual abuse were of such a nature to activate the Article 13(1)(b) exception. This was rejected by the court. In this the court noted that the Swedish authorities were aware of the case and had taken steps to ensure that the child would […]