In the Marriage of G.R. and B.J. Colbourne, 30 April 1997, Full Court of the Family Court of Australia at Sydney [1997] FamCA 18, (1997) FLC 92-749, 21 Fam LR 621
The children, a boy and a girl were 14 1/2 and 11 1/3 at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated. The mother had custody and the father access. On 17 December 1996 the mother took the children to the United States. […]
Droit de la famille 2675, No 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.
Krishna v. Krishna 1997 WL 195439 (N.D.Cal.)
Aims of the Convention – Preamble, Arts 1 and 2 The United States District Court for the Northern District of California cited the Court of Appeals for the Sixth Circuit in Friedrich, where it stated that “[t]he affirmative defences…offer an opportunity, in extraordinary cases, for a court in the country of flight to consider the […]
Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
The child, a boy, was aged 1 _ at the date of the alleged wrongful removal. Prior to the removal he had lived all of his life in Germany. The parents were separated, but, on 13 March 1995 they entered into an agreement as to the care of the child. On 13 November the mother […]
Re S., Auto de 21 abril de 1997, Audiencia Provincial Barcelona, Secci?n 1a
Rights of Custody – Art. 3 Under Israeli law the parents had joint rights of custody and therefore the joint right to decide the child’s place of residence. Neither parent could take the child out of the country without the consent of the other. The court noted that even in a case where the mother […]
Ciotola v. Fiocca, 86 Ohio Misc. 2d 24, 684 N.E.2d 763 (Ohio Com. Pl. 1997)
The child, a girl, was 1 1/3 at the date of the alleged wrongful retention. She had lived in Italy all of her life. The parents were married and had joint rights of custody. On 6 June 1996 the mother took the child to the United States to visit her relatives. She did not return. […]
De Lewinski and Legal Aid Commission of New South Wales v. Director-General New South Wales Department of Community Services (1997) FLC 92-737, [1997] FamCA 11, 21 Fam LR 413
The children were 10 1/2 and 9 at the date of the alleged wrongful removal. The parents were married and both enjoyed rights of custody. On 17 February 1995 the mother took the children to Australia. The family had lived primarily in the United States until the mother and children travelled to Australia, with the […]
Civil Appeal 4391/96 Ro v. Ro
Grave Risk – Art. 13(1)(b) The Supreme Court held that the exception in Article 13(1)(b) did not apply in the present case for the following reasons:- (1) If the child returned with her mother there would be no grave risk of harm to the child. The Court persuaded the mother to accompany the child back […]
In re K. v. K., No. C 97-0021 SC (N.D. Cal. Apr. 11, 1997)
The child, a boy, was aged about 2 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. On 10 May 1996 the mother left the matrimonial home with the child, alleging she had suffered violence at the hands of the father. The police reported that the […]
Re O. (Abduction: Consent and Acquiescence) [1997] 1 FLR 924
The child, a boy, was aged 2 1/2 at the date of the alleged wrongful removal. The parents were married. On 28 August 1996 the child was taken to England by the mother. On 27 August 1996 the parents had signed a document purporting to allow the mother to relocate to the UK with the […]