2 BvR 1206/98, Bundesverfassungsgericht, 17 August 1998
Procedural Matters The Federal Constitutional Court ruled that the constitutional complaint filed by the father was admissible; this justified the issuance of the provisional measure preventing the enforcement of the return decision taken by the Higher Regional Court. The non-enforceability of the decision provided legal certainty until the Federal Constitutional Court had ruled on the […]
Blattner v. Dietschi, No. 98-2-14708-9 KNT (Wash. Super. Ct. July 29, 1998)
The child, a boy, was nearly 7 at the date of the alleged wrongful removal. He had lived in Switzerland all of his life. The parents were divorced. A divorce agreement dated 27 October 1994 granted care and control to the mother with access to the father. The father was also accorded a right of […]
Mozes v. Mozes, 19 F. Supp. 2d 1108 (C.D. Cal. 1998)
The children, two girls and a boy, were approximately 8 1/2, 4 1/2 and 4 1/2 respectively at the date of the alleged wrongful retention. They had lived in both Israel and the United States. The parents were married and had joint rights of custody. In April 1997 the mother took the children to the […]
?.L.K. 23. Juni 1998, 16. afd., B-1391-98
The child, a boy, was 3_ at the time of the alleged wrongful removal. The parents were married, and had joint custody but they did not live together. The child was born in Denmark in November 1994. Two years later, in November 1996, the family moved to the Netherlands. In January 1997 the mother and […]
2 BvR 1206/98, Bundesverfassungsgericht, 16 July 1998
Dietschi v. Dietschi, No. 98-2-14797-1 KNT (Wash. Super. Ct. July 29, 1998)
The child, a boy, was 2 1/2 the date of the alleged wrongful removal. He had lived in Switzerland all of his life. The parents were married after the birth of the child. On 8 April 1998 the mother took the child to the United States, her State of origin. The father applied for the […]
Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
The children, two boys and a girl, were 5 1/2, 3 1/4, and 2 1/3 at the date of the alleged wrongful removal. They had lived in New Zealand all of their lives. The parents were not married. On 21 March 1997 the mother took the children to Australia. On 7 April 1997 the District […]
Flores v. Contreras, 981 S.W. 2d 246 (Tex. App. 1998)
The child, a boy, was two months old at the date of the alleged wrongful retention. The parents were not married. The infant had lived in Mexico for the first fifty days of his life. In November 1996 the mother took the child to Texas. In December the mother returned to Mexico alone. The reason […]
4Ob88/98i, Oberster Gerichtshof
L’enfant, une fille, ?tait ?g?e d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. La famille vivait dans le Michigan. Le 30 octobre 1995, la m?re emmena unilat?ralement l’enfant en Autriche, sans le faire savoir au p?re. Le 3 novembre 1995, la m?re demanda la garde de l’enfant. Le 10 novembre […]
7Ob72/98h, Oberster Gerichtshof
The three children, two girls and one boy, were 2, 4 and 5 years old, at the date of the alleged wrongful retention. The parents were married and the family lived in France. In the summer of 1997 the family travelled to Austria for a holiday. The father was arrested during the holiday following accusations […]