8Ob121/03g, Oberster Gerichtshof
The child, a boy, and his parents, had Serbian nationality. The parents were divorced in Belgrade on 9 March 2000, and the mother obtained custody of the child. After the divorce, the child had lived either with his mother in Austria, or with his maternal grandparents in Serbia. From October to December 2000, the father […]
Pennello v. Pennello [2003] ZASCA 147, [2004] 1 All SA 32, 2004 (3) SA 117 (SCA)
The child, a girl was 1 _ at the date of the alleged wrongful removal. She had until then lived her entire life in the United States. The parents were married and had joint rights of custody. By 2002, the parents’ were experiencing marital problems and on 25 September 2002, the mother secretly took her […]
M.T. c. T.B., Cour d’appel du Qu?bec, 5 d?cembre 2003, N? 200-09-004648-033 (200-04-011942-032 & 200-04-011658-034)
L’affaire concernait une petite fille n?e en 2001. La famille ?tait ?tablie dans l’Etat de G?orgie aux Etats-Unis. Les parents ont une relation chaotique. Le 4 octobre 2002, ? la suite d’une agression physique, la m?re obtint un jugement prohibant ? son mari tout contact avec elle et l’enfant pendant 6 mois. Elle y renon?a […]
Danaipour v. McLarey, 183 F. Supp. 2d 311 (D. Mass. 2002)
The children, two girls, were 7 and 3 years old at the date of the alleged wrongful removal. They had lived all of their lives in Sweden. In October 2000 a Stockholm court put in place a joint custody regime whereby the children would spend alternate weeks with each parent. The mother undertook not to […]
State Central Authority, Secretary to the Department of Human Services v. Mander [2003] FamCA 1128
Grave Risk – Art. 13(1)(b) The trial judge examined the factual scenarios and outcomes in several cases including Walsh, Pollastro, Re F., and Murray, and concluded that there was not the same level of violence or intensity of threats in the present case. Nevertheless there was a common sub-theme of an ongoing and chronic situation […]
Hansen v. Turkey, Application no. 36141/97, (2004) 39 E.H.R.R. 18
Non-Convention Issues The mother complained that the Turkish authorities had failed effectively to enforce her access rights to her children despite numerous attempts she had made to see them between 1992 and 1998. She had travelled to Turkey from Iceland more than 100 times in six years with the aim of seeing her daughters. However, […]
9Ob102/03w, Oberster Gerichtshof
L’enfant, une fille de nationalit? turque, comme son p?re, ?tait ?g?e de 4 ans ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Sa m?re ?tait autrichienne. L’enfant ?tait n?e en mariage et avait v?cu en Turquie jusqu’? ce que la m?re l’emm?ne en Autriche, o? elles demeurent depuis le 17 mai 2002. […]
S.S.-C. c. G.C., Cour sup?rieure du Qu?bec, 15 ao?t 2003, n? 500-04-033270-035
La demande concernait le retour de trois enfants n?s en 1997, 1999 et 2001. La famille avait v?cu ? Montr?al jusqu’en novembre 2000. En raison d’opportunit?s professionnelles pour le p?re, la famille s’installa aux Etats-Unis, d’abord dans le Vermont puis dans le Connecticut ? partir de mars 2001. En 2001 et 2002, les parents et […]
Director-General, Department of Families v. R.S.P. [2003] FamCA 623, (2003) FLC 93-152, (2003) 30 Fam LR 566
The child was almost 2 at the date of the alleged wrongful removal. Prior to then she had been living with her Australian mother and American father in the United States. The parents were married. Following the birth the mother was diagnosed as having post-natal depression and was prescribed anti-depressants. In April 2001 the mother […]
Guichard v. France, Requ?te n?56838/00
The child was born in 1990 to a French father and a Canadian mother. He had always lived in France. On 13 May 1992, the mother unilaterally decided to take the child to Canada to live with her. In 1993, a Canadian Court granted custody of the child to the mother. The various applications for […]