Cass Civ 1?re, 14 juin 2005, No de RG 04-16942
The child, a girl, was aged 2 _ at the date of the alleged wrongful retention. The parents were married and lived in the United States. In March 2003 the mother took the child to France for a vacation. On 31 March 2003 the mother informed the father that she did not intend to return. […]
MQ v. Director-General, Department of Community Services (NSW) (2005) 34 Fam LR 8, [2005] FamCA 843, (2006) FLC 93-255, (2006) 34 Fam LR 656
Grave Risk – Art. 13(1)(b) The Full Court held that issues concerning the relationship between the half sisters and the effect a return order might have been considered in the context of the Australian regulation giving effect to Article 13(1)(b). Rights of Access – Art. 21 The step-sister argued that her application for contact should […]
3Ob89/05t, Oberster Gerichtshof
Les enfants en cause ?taient n?s en 2001 et 2003. La famille vivait en Italie. En juillet 2004, la m?re alla passer trois semaines de vacances avec les enfants en Autriche, aupr?s de ses parents. La nuit suivant leur retour en Italie, ? la suite d’une dispute, la m?re annon?a au p?re, qu’elle estimait tyrannique, […]
Wiezel v. Wiezel-Tyrnauer, 388 F. Supp. 2d 206 (S.D.N.Y. 2005)
The application related to four children who were living in Israel before being allegedly wrongfully retained by their mother in the United States after having travelled there in June 2001. The parents were divorced and had entered into an informal agreement whereby the mother would have custody, the father access. In the aftermath of the […]
A.J. v. F.J. [2005] CSIH 36, 2005 1 S.C. 428
The application related to two boys aged 14 and 12 at the date of the appeal hearing. Upon the divorce of the parents an order was made by the Court of Session in March 2003 requiring the boys to live with their father and affording the mother contact. The mother did not manage to have […]
M. v. H. [Custody] [2006] NZFLR 623
The child, a boy, was almost four years old at the date of the alleged wrongful removal. He had spent his entire life in New Zealand. His parents were not married and had ended their relationship eight months prior to the birth. Following the birth the father had regular contact with his son. In late […]
CAA Marseille, 21 f?vrier 2005, No de RG 02MA00218
R?le des Autorit?s centrales – art. 6 – 10 –
Family Appeal 1026/05 Ploni v. Almonit
The children, two boys, were 2 and 1 years old respectively at the date of the alleged wrongful retention. The parents, both Israeli citizens, had spent a year in Paraguay (September 1998 to November 1999) as emissaries of the Israeli Foreign Office. After returning to Israel, the father went to Venezuela in March 2001 for […]
Family Application 046252/04 Ploni v Almonit
The children, two boys, were 2 and 1 years old respectively at the date of the alleged wrongful retention. The parents, both Israeli citizens, had spent a year in Paraguay (September 1998 to November 1999) as emissaries of the Israeli Foreign Office. After returning to Israel, the father went to Venezuela in March 2001 for […]
CA Rouen, 20 janvier 2005, No de RG 04/03822
The application concerned a little girl born in 1996 in Germany to married parents. In December 2003, a German court granted a divorce to the parents on the basis that the parental rights would be jointly shared by both parents, the child would live with her mother, and the father had visiting rights. On June […]