File Nº 14.593-2003
The child, a girl, was 3 years old at the time the complaint was filed. She was born in Cordoba, Argentina and initially lived there with her parents until they separated. On 2 November 2001 the parents reached an agreement on custody which they had ratified before a local court. The agreement included, inter alia, […]
State Central Authority v. Keenan [2004] FamCA 724, (2004) FLC 93-200
The child, a boy, was 5 at the date of the alleged wrongful removal. The parents met over the internet in 1998. The child was conceived in the same year, when the mother, an Australian citizen, travelled to the US to visit the father. The mother then returned to Australia where the child was born. […]
V.B.M. v. D.L.J. [2004] N.J. No. 321; 2004 NLCA 56
The child, a girl, was aged 5 at the date of the alleged wrongful removal. She was born in Canada, but six months after her birth her parents moved to Washington State in the United States. The parents’ relationship eventually broke down and on 11 December 2002 the mother returned to Canada, her State of […]
M.B.G.A. c. R.V.M., Cour d’appel du Qu?bec, 8 juin 2004, N? 500-09-014099-048 (500-04-034363-037)
L’affaire concernait un enfant n? en 1998. Ses parents ?taient mexicains. L’enfant avait ?galement un demi-fr?re issu du premier mariage de leur m?re. La famille vivait au Mexique. En juillet 1999, ? la suite d’un incident de violence physique, la m?re quitta le domicile conjugal. Les relations parentales ?taient difficiles, le p?re souhaitant selon la […]
A.C. v. P.C. [2004] HKMP 1238
Settlement of the Child – Art. 12(2) It was argued for the mother that the 12 month time limit prescribed in Article 12 should only be regarded as having commenced from the time the children were discovered, consequently Article 12(2) and the issue of settlement would have no application. In this reliance was put on […]
Re P. (A Child) (Abduction: Acquiescence) [2004] EWCA Civ 971
The child, a girl, was 9 at the date of the alleged wrongful removal. The parents, both US citizens, were never married. They separated in 1999. In a court order dated 18 October 1999 the mother was granted sole custody, the father access. The order also provided that apart from temporary vacations the child could […]
Supreme Court of Finland: KKO:2004:76
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 […]
5P/151/2004/bmt, Bundesgericht, II. Zivilabteilung
Questions li?es au retour de l’enfant –
Re C. (Abduction: Settlement) [2004] EWHC 1245
Settlement of the Child – Art. 12(2) Over 4 years had elapsed between the removal of the child and the commencement of return proceedings. During this time the child had been successfully concealed by her mother. The child had assumed the name and date of birth of a child who had died. The issue before […]
Family Appeal 548/04, Plonit v. Ploni
The proceedings related to two children, both girls, who were born in 1995 and 1998 and lived in France. The parents, who were not married, separated in September 1999. The mother alleged that she had been the victim of domestic violence. On 29 June 2000 a French court ordered that the children live with the […]