?.L.K. 1. Februar 1999, 1. afd., B-0149-99
The child, a girl, was 8 at the time of the alleged wrongful removal. She had lived in Norway all of her life. The mother was single and had sole custody of the child. On 22 August 1998 the girl was forcibly removed from the mother’s care and placed in a children’s home by the […]
P. v. B. (No. 2) (Child Abduction: Delay) [1999] 4 IR 185; [1999] 2 ILRM 401
The child, a girl, was 5 at the date of the alleged wrongful retention. She was born in Spain. Her parents were not married. The mother had previously removed the child from Spain to Ireland in 1993. On 19 December 1994 the Irish Court ordered the return of the child to Spain. In January 1995 […]
Dellabarca v. Christie [1999] NZFLR 97
The child, a boy, was 2 at the date of the alleged wrongful removal. He had lived in New Zealand all of his life. The parents were not married. On 10 November 1995 a Family Court appointed counselor facilitated an agreement between the parents whereby the mother would have custody and the father weekly access. […]
In re Walsh, 31 F. Supp. 2d 200 (D. Mass. 1998)
The children, a girl and a boy, were 8 1/4 and 3 1/4 respectively at the date of the alleged wrongful removal. They had lived in the United States and Ireland. The parents were married and had joint rights of custody. They travelled to Ireland separately in January 1994 since the father was facing serious […]
C. v. M., 18 December 1998, Administrative Court of Appeals (Stockholm, Sweden)
Habitual Residence – Art. 3 The mother sought to argue that the child had not acquired a habitual residence in Texas notwithstanding over 2 years residence there. The mother argued that she had always retained the intention of returning to Sweden, both her and the child were Swedish citizens and the child was listed with […]
2 UF 156/98, Oberlandesgericht Zweibr?cken
L’enfant, n? en juillet 1997 en Allemagne, ?tait ?g? d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Le 16 juin 1998, les parents s’?taient s?par?s d’un commun accord. En juillet, la m?re alla aux Etats-Unis avec l’enfant. Le p?re saisit le juge aux affaires familiales (Familiengericht) de Landstuhl en vue […]
Belton v. Belton (1998), 132 Man.R. (2d) 265 (Q.B. (Fam. Div.))
The father and mother, Canadian citizens, were married in Canada in 1993. Their child, a girl, was born in Canada in March 1995. In November 1996 the family moved to Texas and in February 1997 they moved to Tennessee. In December 1997 the father took the child for a visit to Canada. The father and […]
Bromley v. Bromley, 30 F. Supp. 2d 857 (E.D. Pa. 1998)
The children, a girl and a boy, were born in October 1987 and 1989 respectively. They had lived in the United States all of their lives. The parents were divorced. The mother had sole custody, the father access. At some point after the divorce the father moved to England. The father asserted that he had […]
4 UF 223/98, Oberlandesgericht D?sseldorf
Removal and Retention – Arts 3 and 12 It was not seriously disputed by the mother that her actions in retaining the child were wrongful. Grave Risk – Art. 13(1)(b) It was noted that on the two evenings following the appeal hearing the child had suffered an asthma attack and had been placed under observation […]
Supreme Court of Finland: 1998: No 3492 S98/917
The case related to two young boys who had lived in the United States but were removed to Finland by their mother. The father brought return proceedings and on 10 September 1997 the Supreme Court of Finland ordered the boys return. However, that order was not enforced and the mother brought substantive custody proceedings in […]