CAA Paris, 11 juillet 1997, No 96PA01389
The child who was aged approximately 1 1/2 at the date of the alleged wrongful removal was born in France to a Canadian mother. On 13 May 1992 the mother relocated to Montr?al (Canada) with the child. In letters dated 5 March and 21 April 1993 the father sought the assistance of the French Central […]
Bundesverfassungsgericht, 2 BvR 1126/97, 18 July 1997
The children, two boys, were 7 and 6 respectively at the date of the alleged wrongful removal. Until then they had lived in Argentina all of their lives. The parents divorced in 1994 and the mother was awarded custody. However, under s. 264 (4) of the Argentinian Civil Code, even after a divorce, the agreement […]
5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung
The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]
Re O. (Child Abduction: Re-Abduction) [1997] 2 FLR 712
The children, both girls, were 8 and 4 1/2 at the date of the original wrongful removal. The parents were married and both enjoyed custody rights. On 13 September 1996 the mother unilaterally removed the girls from their home in California and took them to Sweden, her State of origin. The father commenced return proceedings. […]
Re J.A. (Child Abduction: Non-Convention Country) [1998] 1 FLR 231
The application related to a young girl born in the UAE. Her mother was British, her father a UAE national. The parents married in Sharjah and their daughter was born there in February 1995. Mother and child made an extended visit to England in the summer of 1995. In the summer of 1996 the mother […]
Re O. (Child Abduction: Custody Rights) [1997] 2 FLR 702, [1997] Fam Law 781
The child, a girl, was 4 1/2 at the date of the alleged wrongful removal. She had lived in Germany all of her life. On 16 December 1996 the mother and her British partner took the girl to England. The parents of the child were married but it was not the father who sought the […]
Droit de la famille 2675, No 200-09-001425-971 (200-04-003138-979)
La demande concernait un enfant n? en France en avril 1996. Les parents, qui n’?taient pas mari?s, r?sidaient dans ce pays. Le 12 janvier 1997, la m?re emmena unilat?ralement l’enfant au Qu?bec. Le p?re demanda le retour de l’enfant en France. Le 22 avril 1997, la Cour sup?rieure du Qu?bec ordonna le retour de l’enfant […]
Police Commissioner of South Australia v. Castell (1997) FLC 92-752, [1997] FamCA 24, 21 Fam LR 643
The application concerned six children. On 13 March 1993 the mother, with the consent of the father, took the four children then born to Australia. In July 1993 the mother gave birth to twins. On 1 November 1993 the Family Court of Australia granted the mother sole custody of all six children. On 17 May […]
Thorne v. Dryden-Hall, (1997) 28 RFL (4th) 297
The children were infants at the date of the alleged wrongful removal. They had lived in the United Kingdom since birth. The children resided with their mother in the UK pursuant to a residence order made on 10 June 1993. Under s. 13 of The Children Act 1989 the mother was thereby prohibited from removing […]
Commissioner, Western Australia Police v. Dormann, JP (1997) FLC 92-766
The child, a boy, was 13 at the date of the alleged wrongful removal. He had lived in Australia, Germany and the United Kingdom. The parents were separated and had joint rights of custody. From August 1995 the mother lived in Australia. In September 1996, after a short period in France, the boy moved to […]