Armiliato v. Zaric-Armiliato, 169 F. Supp. 2d 230 (SDNY 2001)
The child, a girl, was aged 7 1/3 at the date of the alleged wrongful removal. Her father was an Italian citizen, her mother had Italian and Yugoslavian citizenship. The family travelled frequently throughout the world as a result of the father’s career as an international opera singer. The family rented a flat in Genoa. […]
D. v. D. [2001] ScotCS 103
Aims of the Convention – Preamble, Arts 1 and 2 The court recalled that an order in favour of the Petitioner was not determinative of who should ultimately have care of the child, rather it was simply that the child should be returned to his State of habitual residence. Moreover, there was no requirement to […]
March v. Levine, 249 F.3d 462 (6th Cir. 2001)
The children, a boy and a girl, were 10 and 6 respectively at the date of the alleged wrongful removal. They had lived in both the United States and Mexico. The parents had been married, however the mother disappeared in 1996 and thereafter the father cared for the children alone. The maternal grandparents alleged that […]
Chan v. Chow (2001), 199 D.L.R. (4th) 478 (B.C.C.A.)
Habitual Residence – Art. 3 Habitual residence is a question of fact to be decided by reference to all the circumstances of the case. A habitual residence is established by residing in a place for an appreciable period of time with a settled intention. A child’s habitual residence is tied to the habitual residence of […]
Oberlandesgericht Celle, 15 UF 85/01, 24 April 2001
L’enfant, un petit gar?on n? en septembre 1998, ?tait ?g? de 2 ans ? la date du non-retour dont le caract?re illicite ?tait all?gu?. Ses parents ?taient mari?s depuis 1997, avaient conjointement la garde de l’enfant et la famille r?sidait en Allemagne. En janvier 2000, les parents se s?par?rent. La m?re canadienne d?cida d’organiser un […]
40 F 130/01 HK, Familiengericht Saarbr?cken
The child, a girl, was 6 years old at the date of alleged wrongful retention. From March 1997 to 1998 she lived in Tennessee (USA) with her parents and three siblings from the mother’s previous marriage. In August 1998 the parents divorced. The father was awarded sole custody and his daughter remained with him in […]
Oberlandesgericht K??ln, 21 UF 70/01, 12 April 2001
The child, a boy, was almost 3 years old at the date of the alleged wrongful removal. From his birth in February 1998 to December 2000 he had lived in Finland. In July 1999 the parents divorced. In January 2000 the parents were awarded joint custody, with the mother having care of the child, the […]
McL. v. McL.
The four children, two boys and female twins were aged 13, 10 and 8 at the date of the alleged wrongful removal. They were all born in the United States and lived there all of their lives. The parents were separated. The children remained in the actual care of the mother. In the summer of […]
Al Habtoor v. Fotheringham [2001] EWCA Civ 186
Habitual Residence – Art. 3 The issue for the court was whether the child was habitually resident in England on 10 February 2000, the date on which the mother launched her proceedings. It was argued for her first that the trip to Dubai was no more than a reconnaissance and that the family retained their […]
N? de r?le 2000/RG/544
The children, a girl and a boy, were aged 13 and 6 respectively at the date of the retention of the girl and at the start of the violation of the father’s right of access in respect of the boy. The parents, both Germans, lived in Luxembourg until the mother left the family home in […]