Bickerton v. Bickerton, No. 91-06694 (Cal. Super. Ct. July 17, 1991)

INCADAT legal file Hague parental abduction

The children, a girl and a boy, were aged 12 and 10 respectively at the date of the court proceedings. They had lived in Canada for the majority of their lives. On 4 July 1986 the parents entered into a separation agreement which provided for joint custody with the children residing with each parent in […]

Re F. (A Minor) (Child Abduction) [1992] 1 FLR 548, [1992] Fam Law 195

INCADAT legal file Hague parental abduction

The child, a boy, was 1 at the date of the alleged wrongful removal. The parents were married and each had custody rights in respect of the child. The family had lived in England until 10 April 1991. They then went to Australia. The ultimate purpose of this trip was disputed by the parents. On […]

Collopy v. Christodoulou, No. 90 DR 1138 (D. Colo. May 8, 1991)

INCADAT legal file Hague parental abduction

The child, a girl, was 5 months old at the date of the alleged wrongful retention. She had lived in England for the first two months of her life. The parents were married and had joint rights of custody. On 27 October 1989 the mother went to the United States, her State of origin, with […]

David S. v. Zamira S., 151 Misc. 2d 630, 574 N.Y.S.2d 429 (Fam. Ct. 1991)

INCADAT legal file Hague parental abduction

The children, a boy and a girl, were aged 1 2/3 and 2 weeks at the date of the alleged wrongful removal. They had lived in Canada all of their lives. The parents were separated. On 5 October 1989 the Supreme Court of Ontario issued an order preventing the mother from removing the children from […]

Graziano v. Daniels (1991) 14 Fam. LR 697, (1991) FLC 92-212

INCADAT legal file Hague parental abduction

The children were 7, 5, nearly 3 and 1 at the date of the alleged wrongful retention. They had lived in the United States for the majority of their lives. The parents were separated and had joint legal custody. On 5 April 1989 the mother took the children to Australia for a 7 week vacation […]

Re R. (A Minor Abduction) [1992] 1 FLR 105

INCADAT legal file Hague parental abduction

The child, a girl aged 14 1/2, was removed from Germany by her mother. This breached rights of custody vested in the child’s guardian, who also was her aunt. The aunt petitioned for the child’s return.

Cass Civ 1?re 23/10/1990 C. c. G.

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 The father sought to argue that the retention was not wrongful as the mother was only awarded custody after the children had been retained. This argument was dismissed by the Court on the basis that Article 3 of the Convention refers not only to custody existing by judicial decisions […]

43R466/90 Landesgericht f?r Zivilrechtssachen Wien

INCADAT legal file Hague parental abduction

The child, a boy, was 6 years old at the date of the alleged wrongful removal. He had lived in Spain with both of his parents since his birth. The parents were married and had joint rights of custody. On 8 February 1990 the mother travelled to Austria with the child without informing the father. […]

Re M. (Minors) (Abduction) [1992] 2 FCR 608

INCADAT legal file Hague parental abduction

The children, 2 boys and a girl, were 10, 7 1/4 and 8 respectively at the date of the alleged wrongful removal. They had lived in the United States all of their lives. The parents were divorced and had joint legal custody, with physical care being vested in the mother. On 12 June 1989 the […]