Harkness v. Harkness, 227 Mich. App. 581, 577 N.W. 2d 116 (Mich. Ct. App. 1998)
The children, both girls, were 6 and 4 at the date of the alleged wrongful retention. They had lived in both Germany and the United States. The parents were married and had joint rights of custody. In July 1995 mother and children travelled to Michigan to stay with the paternal grandparents. The nature of the […]
Droit de la Famille 2785, No 500-09-005532-973
L’affaire concernait un enfant de parents espagnols, n? ? Paris en janvier 1989. D?s l’automne pr?c?dent, les parents s’?taient s?par?s, le mari entretenant une relation avec une autre femme. La m?re et l’enfant s’install?rent en Espagne. Les relations des parents ?taient conflictuelles, diverses proc?dures judiciaires ?tant engag?es de 1989 ? 1992. En ao?t 1992, ? […]
V.L.K. 12. November 1997, 12. afd., B-2305-97
Consent – Art. 13(1)(a) The appeal court did not find that the father had agreed to the children staying permanently in Denmark. Rather the agreement entered into with the mother was designed to achieve an amicable solution to the dispute. By her actions the mother had breached that agreement and the court ordered the return […]
A.S. v. E.H. & M.H. (Child Abduction) (Wrongful Removal) [1999] 4 IR 504
The child, a boy, was 1 at the date of the alleged wrongful retention. The infant had lived in both England and Ireland. The parents were not married and the father had no custody rights in respect of the boy. On 11 March 1996, the day after the death of the mother, the maternal grandmother […]
Re H.B. (Abduction: Children’s Objections) (No. 2) [1998] 1 FLR 564
The children, a boy and a girl, were aged 13 and 11 1/2 respectively at the date of the alleged wrongful retention. They had lived in Denmark for seven years. The parents were divorced. The mother had care and control and the father had access. Following a wrongful retention by the father on 17 October […]
Panazatou v. Pantazatos, No. FA 960713571S (Conn. Super. Ct. Sept. 24, 1997)
The child, a girl, was 2 1/2 at the date of the alleged wrongful removal. She had lived in both Greece and the United States, although the majority of her life had been spent in the former State. The parents were married and had joint rights of custody. On 11 September 1996 the mother took […]
Re S. (Child Abduction: Delay) [1998] 1 FLR 651
The child, a girl, was nearly 10 at the date of the second alleged wrongful removal. She had lived in Germany for a majority of her life. The parents were separated and had joint rights of custody. On 31 May 1996 the mother took the child to England. On 26 September 1996 the child returned […]
State Central Authority of Victoria v. Ardito, 29 October 1997, Family Court of Australia (Melbourne) [1997] FamCA 61
Grave Risk – Art. 13(1)(b) The court distinguished the instant case from previous case law on the basis that the mother had not deliberately refused to return to the United States. She had not endeavoured to create a defence of grave risk of psychological harm or an intolerable situation, she had consented to an order […]
Re A. (Abduction: Habitual Residence) [1998] 1 FLR 497
The child, a boy, was six months old at the date of the alleged wrongful removal. He had lived in the United Kingdom for the majority of his life. The parents were married and had joint rights of custody. In July 1995, as agreed between the parents, the mother went to England to prepare for […]
CA Versailles, 11 septembre 1997, No de RG 1997-2604
L’a?n?e des enfants en cause ?tait n?e aux Etats-Unis d’Am?rique. Alors que les parents ?taient en instance de divorce, la m?re l’emmena unilat?ralement en France. La demande de retour du p?re fut rejet?e mais les parents se r?concili?rent et la m?re retourna vivre aux Etats-Unis d’Am?rique avec l’enfant aupr?s du p?re. Deux ans plus tard, […]