De directie Preventie, optredend voor zichzelf en namens Y (the father) against X (the mother) (7 February 2001, ELRO nr.AA9851 Zaaknr:813-H-00)
The child, a boy, was 9 1/2 at the date of the alleged wrongful removal. He had lived in Canada all his life. The parents separated in 1994. Subsequently, the mother was awarded custody and the father access. On 19 October 1999 the mother petitioned a Quebec court for a change in the access regime. […]
Payne v. Payne [2001] EWCA Civ 166; [2001] Fam. 473
Non-Convention Issues The appeal was dismissed. It was accepted that the trial judge had not misdirected himself or made an error of law, while his exercise of discretion in choosing the option least damaging to the child was not open to challenge. That being so, the lengthy judgment still raised many points of note in […]
III. ?S 440/2000 DAOUD / DAOUD
The child, a girl, was 8 at the date of the alleged wrongful retention. She had lived in Israel for the majority of her life. Her parents were married and had joint rights of custody. The father had Israeli nationality while the mother was Czech. In 1999 the mother went to the Czech Republic, her […]
Bezirksgericht Hinwil (Hinwil District Court), decision of 11 December 2000, U/E/EU000008
The child, a boy, was aged 5 _ at the date of the alleged wrongful removal. He had until then been living in Australia. The parents had been cohabiting for 2 years, but separated shortly before the birth. The mother moved to Tasmania when the boy was two. The competent Australian court granted the father […]
M. v. K. 12/12/2000; Iceland Supreme Court
The parents were married and lived together in Norway until 1998. The mother then moved to Iceland with their three children, the oldest being a boy born in 1989. In 1999 the parents separated and agreed to have joint custody over all the children, with the two youngest to live with the mother in Iceland, […]
Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001)
The children, two girls and a boy, were approximately 8 1/2, 4 1/2 and 4 1/2 respectively at the date of the alleged wrongful retention. They had lived in both Israel and the United States. The parents were married and had joint rights of custody. In April 1997 the mother took the children to the […]
Droit de la famille 3713, No 500-09-010031-003
La demande concernait trois enfants de parents mari?s. La famille avait v?cu au Canada de 1990 ? 1999. La m?re, d’origine anglaise, avait rencontr? un autre homme en Angleterre lors d’un s?jour dans sa famille. Elle forma alors le projet de vivre en Angleterre avec toute sa famille. En septembre 1999, elle y alla pour […]
Croll v. Croll, 229 F.3d 133 (2d Cir. September 20, 2000 cert. den. Oct. 9, 2001)
The child, a girl, was approximately 9 at the date of the alleged wrongful removal. She had lived in Hong Kong all of her life. The parents were divorced. The mother had sole custody of the child and the father had rights of access. A custody decree barred the unilateral removal of the child from […]
Janzik v. Schand, 2000 WL 1745203 (N.D.Ill.)
Rights of Access – Art. 21 The court adopted the approach taken in Bromley v. Bromley, which held that the Convention provided no remedy where there had been a breach of access rights unless there had also been a wrongful removal. Taking this approach the court found that there was no cause of action under […]
England v. England, 234 F.3d 268 (5th Cir. 2000)
The children, both girls, were four and thirteen at the date of the alleged wrongful retention. They had lived in the United States for the majority of their lives. The parents, both American citizens, were married and had joint rights of custody. In 1997 the family moved to Australia to enable the father to take […]