C.W. v. H.R. and D.S.

INCADAT legal file Hague parental abduction

The child, a boy, was approximately 7 at the date of the alleged wrongful removal. He had lived in Germany and Ireland. The parents were not married. Under a German court order the mother had custody, the father access. In 1994 the mother moved from Germany to Ireland with the child. In July 1995 the […]

S. v. H. (Abduction: Access Rights) [1998] Fam 49

INCADAT legal file Hague parental abduction

The child, a boy, was aged 7 at the date of the alleged wrongful retention. He had lived in Italy all his life. The parents were not married and did not cohabit. In June 1996 the mother took the child to England, she informed the Italian Court that she intended to return in September. She […]

State Central Authority v. Ayob (1997) FLC 92-746, 21 Fam. LR 567

INCADAT legal file Hague parental abduction

The child, a girl, was 5 1/2 at the date of the alleged wrongful removal. She had lived in the United States all of her life. The parents were separated. Custody was regulated by an agreement entered into by the parents whereby the mother had care of the child and the father had visitation rights. […]

In the Matter of Mahmoud, No. CV 964 165 (RJD) (E.D.N.Y. Jan. 24, 1997)

INCADAT legal file Hague parental abduction

The mother applied for the return of her child before a New York State court. On the day of the hearing the father filed a notice of removal with the state and federal courts. Nevertheless, the state court judge ordered the return of the child. The mother then returned to England. Subsequently, before the federal […]

Wojcik v. Wojcik, 959 F. Supp. 413 (E.D. Mich. 1997)

INCADAT legal file Hague parental abduction

The children, two girls, were aged a little over 6 and 3 _ at the date of the alleged wrongful retention. They had spent the majority of their lives in France. The parents were married. On 13 October 1994 the mother took the children to the United States on vacation. On 1 November she informed […]

7Ob35/97s, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

L’enfant, un gar?on, ?tait n? au Canada, d’une m?re autrichienne et d’un p?re mexicain. Le p?re demanda le divorce en Juin 1995 devant une juridiction de Montr?al. Le 15 d?cembre 1995, la m?re saisit une juridiction qu?b?coise (Superior Court), qui lui donna provisoirement la garde de l’enfant. Selon cette d?cision provisoire, le p?re pouvait exercer […]

4Ob2378/96a, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

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 […]

In re Interest of Zarate, No. 96 C 50394 (N.D. Ill. Dec. 23, 1996)

INCADAT legal file Hague parental abduction

The child, a girl, was 7 at the date of the alleged wrongful retention. On 25 August 1988 the parents signed an agreement before a municipal court judge in Mexico giving the father custody. The child had lived in Mexico from 1988 until July 1995. In July 1995 the mother took the child to the […]

Re K. (Abduction: Consent) [1997] 2 FLR 212

INCADAT legal file Hague parental abduction

The child, a girl, was aged almost 1 at the date of the alleged wrongful retention. The parents were married. On 25 October 1996 the mother returned with the child to her former home in England. On 1 November 1996 the mother informed the father that she did not intend to return to the family […]

Caro v. Sher, 296 N.J. Super. 594, 687 A.2d 354 (Ch. Div. 1996)

INCADAT legal file Hague parental abduction

The children were 13, 11 and 7 at the date of the alleged wrongful removal. They had lived in Spain all of their lives. In February 1993 the tribunal of first instance in Alicante delivered a provisional decree granting the mother physical custody of the children. In July 1993 the mother travelled with the children […]