Restituci?n de Menores 534/1997 AA
Re D. (Abduction: Acquiescence) [1998] 2 FLR 335
The children were 5 and 3 at the date of the alleged wrongful retention. They had lived in Australia all of their lives. The parents were married and had joint rights of custody. In July 1997 the mother took the children to the United Kingdom, her State of origin, for a holiday. On 11 August […]
Re W. (Child Abduction: Unmarried Father) [1999] Fam 1
The two children were 4 1/2 and almost 3 at the date of the alleged wrongful removal. The parents were not married and the father had no legal custody rights in respect of them. On 5 September 1997 the mother took the children to Australia. In March 1996 the father had applied for parental responsibility […]
Re W. (Minors) (Abduction: Father’s Rights) [1999] Fam 1
The children were 4 _ and almost 3 at the date of the alleged wrongful removal. They had until then spent all of their lives in England. The parents were not married. They cohabited until September 1995, thereafter the children lived with the mother. In March 1996 the father applied to the local family proceedings […]
Autorit? de surveillance des tutelles (child protection agency), decision of 10 March 1998, 115/98
Grave Risk – Art. 13(1)(b) The court accepted the arguments presented by the mother that the father’s alcoholism and drug addiction constituted a grave risk of harm to the child, if returned.
V.L.K. 11. Marts 1998, afd. K, B-2717-97
Grave Risk – Art. 13(1)(b) On 6 February 1998 an expert on child psychiatry found that the girls had had a very turbulent life, and that they were partiularly attached to their mother. The expert stated that the girls would suffer great psychological harm if they were separated from their mother. The appeal court accepted […]
35 F 1162/98-52, Familiengericht Frankfurt (Family Court) (Germany), 16 October 1998
Rights of Custody – Art. 3 The court held that while the father possessed joint rights of custody he could not establish that he was actually exercising those rights at the time of the child’s removal. The child lived with the mother in Florida following the parental separation. The court found that the father did […]
M. v. K. 20/02/1998; Iceland Supreme Court
The child, a girl, was approximately 9 at the date of the alleged wrongful removal. She had lived in Sweden all of her life. The parents’ cohabitation ended in August 1997. Both remained in Sweden and the child stayed alternately with her mother and father. However, under Swedish law the mother had sole custody, the […]
CA Amiens, 4 mars 1998, No de RG 5704759
Droit de garde – art. 3 Ayant constat? que l’enfant avait sa r?sidence habituelle au Qu?bec au moment du d?placement, la cour d’appel consulta les articles 598-600 du Code civil du Qu?bec afin de d?terminer si le p?re avait la garde de l’enfant et conclut qu’en vertu de ces articles, les parents avaient conjointement la […]
449/III/97/bufr/mour, Cour d’appel du canton de Berne
The application concerned a girl born in Taiwan to an American father and Taiwanese mother. She was 3 at the date of the alleged wrongful retention. The family initially lived in Taiwan, but prior to a relocation to the United States, the mother moved to Switzerland to live with a new partner, taking the child […]