Cass Civ 1?re, 25 janvier 2005, N? de pourvoi 02-17411
L’enfant, un gar?on, ?tait ?g? de 7 mois ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Il avait v?cu en Italie avec ses parents depuis sa naissance. Le 23 juillet 1999, la m?re quitta Rome avec l’enfant et s’installa en France. Le p?re demanda le retour de l’enfant. Le 25 octobre 1999, […]
Sealed Appellant v. Sealed Appellee, 394 F.3d 338 (5th Cir. 2004)
The children were 2 1/2 years and 6 months old at the time of the alleged wrongful removal. They had until then spent all of their lives in Australia. Their unmarried parents had separated prior to the birth of the second child. Under the applicable Australian law both parents enjoyed rights of custody in respect […]
Supreme Court of Finland: KKO:2004:129
The application related to two children, both boys, who were aged 12 and almost 9 at the date of the alleged wrongful retention. The parents were divorced and had joint custody. The father had care of the boys and they lived with him in the United States. In the summer of 2003 the boys went […]
Gitter v. Gitter, 396 F.3d 124 (2nd Cir. 2005)
Habitual Residence – Art. 3 For the father’s application to be valid it had to be shown first that the child was habitually resident in Israel at the date of the alleged wrongful retention. The trial court had rejected this finding on the basis that the parents never had a shared intention that the child […]
Family appeal 575/04 Y.M v. A.M
The proceedings related to two children, one born in Israel in 1998, the other in England in 2000. The parents, who were Israeli nationals, moved from Israel to England in 2000 prior to the birth of the second child. The father was to undertake a masters degree in law at Oxford University. Under the terms […]
Family Appeal 621/04 D.Y v. D.R
Acquiescence – Art. 13(1)(a) The fact that the father had not seen the girls for the past year and a half, even though he had had the opportunity to do so, was held to be acquiescence within Article 13(1)(a) of the Convention. Grave Risk – Art. 13(1)(b) The Court distinguished the present case from that […]
Whiting v. Krassner, 391 F.3d 540 (3rd Cir. 2004)
The child, a girl, was 1 1/2 at the date of the alleged wrongful removal. Her parents were not married but lived together in New York until 19 October 2001. On that day they signed an agreement as to how the care of their child should be managed. It was agreed that they would each […]
5P.354/2004 /rov, Bundesgericht, II Zivilabteilung (Tribunal F?d?ral, 2?me Chambre Civile)
The application related to a child born in 1999. The parents were married and the family lived in Italy. In June 2002 the mother took the child to Switzerland and refused to return. The father issued return proceedings and after a series of judgments the mother finally returned to Italy with the child. In December […]
Cannon v. Cannon [2004] EWCA CIV 1330
The application related to a 10 year old girl who had been born to an American father and an Irish mother. The family home was in California and the child lived there until December 1998 whereupon the mother retained the child in Ireland after an agreed vacation. The father instituted Hague Convention proceedings. An agreement […]
A. & G.S. & Others [2004] FamCA 967, (2004) FLC 93-199, (2005) 32 Fam LR 583
Human Rights – Art. 20 The step-sister argued that the trial judge had erred in referring solely to the human rights of the abducted child and not to hers. This argument was rejected by the Full Court which ruled that the exception was concerned solely with the child to be returned or his or her […]