B. v. UK [2000] 1 FLR 1
Rights of Custody – Art. 3 The father complained that under Article 14 taken in conjunction with Article 8 of the European Convention that, because he was not married to the mother of his child, he was not able to obtain an ex parte declaration that his child had been unlawfully removed from England and […]
The Chief Executive of the Department for Courts for R. v. P., 20 September 1999, Court of Appeal of New Zeeland
The children, a boy and a girl, were 6 1/2 and 3 1/2 respectively at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated and the children lived with the mother. In December 1996 the parents agreed that the children would reside with the […]
Finizio v. Scoppio-Finizio (1999), 46 O.R. (3d) 226 (C.A.)
The father, an Italian national, and the mother, a Canadian immigrant who was born in Italy, married in 1990 and resided in Italy during their marriage. They had two children, girls aged 2 and 7. The father and mother separated in 1998. In December 1998, the mother brought the children to Canada. The father brought […]
Morris v. Morris, 55 F. Supp. 2d 1156 (D. Colo., Aug. 30, 1999)
The child, a boy, was almost 2 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. The father was a university professor. In December 1997 he was awarded a 12 month period of sabbatical leave which he intended to spend with his family in Europe. The […]
Donofrio v. Burrell, 2000 S.L.T. 1051
The application related to two girls, aged 10 and 8 1/2 at the date of the hearing. The parents divorced in Canada in 1991, a little over a year after the birth of the second child. The mother was awarded custody, the father access. In 1997 the mother took the 2 children, plus a child […]
Director-General, Department of Families Youth & Community Care v. Reissner [1999] FamCA 1238, (1999) 25 Fam LR 330
Rights of Access – Art. 21 Under Regulation 25(4) of the Family Law (Child Abduction Convention) Regulations, which implements the Hague Convention into Australian Law, the Australian courts may, where an application is made to secure the effective exercise of rights of access, make any order in relation to rights of access to a child […]
Oberlandesgericht Celle, 18 UF 34/99, 17 August 1999
The child, a girl, was 8 _ months at the date of the alleged wrongful removal. She had lived in the United States since birth. On 28 September 1998 the Los Angeles Superior Court granted the mother temporary custody. A final hearing was scheduled for 16 October. On 4 October the mother took the child […]
Re E. (Abduction: Non-Convention Country) [1999] 2 FLR 642
Non-Convention Issues The mother argued that the trial judge had erred in making a return order since under Sharia rules that would lead to the children being separated from both parents. Seeking to rely on the earlier Court of Appeal decision in Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231 [INCADAT cite HC/E/Uke […]
Re J. (Abduction: Declaration of Wrongful Removal) [1999] 2 FLR 653
The child, a boy, was 1 1/2 at the date of the alleged wrongful removal. He had lived in England since his birth in the same household with both his parents. His parents were not married. Some time around February 1999 the father invited the mother to make a parental responsibility agreement with him but […]
CE 30/06/1999 M Guichard
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 […]