2 BvR 1206/98, Bundesverfassungsgericht, 17 August 1998

INCADAT legal file Hague parental abduction

Procedural Matters The Federal Constitutional Court ruled that the constitutional complaint filed by the father was admissible; this justified the issuance of the provisional measure preventing the enforcement of the return decision taken by the Higher Regional Court. The non-enforceability of the decision provided legal certainty until the Federal Constitutional Court had ruled on the […]

?.L.K. 23. Juni 1998, 16. afd., B-1391-98

INCADAT legal file Hague parental abduction

The child, a boy, was 3_ at the time of the alleged wrongful removal. The parents were married, and had joint custody but they did not live together. The child was born in Denmark in November 1994. Two years later, in November 1996, the family moved to the Netherlands. In January 1997 the mother and […]

Flores v. Contreras, 981 S.W. 2d 246 (Tex. App. 1998)

INCADAT legal file Hague parental abduction

The child, a boy, was two months old at the date of the alleged wrongful retention. The parents were not married. The infant had lived in Mexico for the first fifty days of his life. In November 1996 the mother took the child to Texas. In December the mother returned to Mexico alone. The reason […]

4Ob88/98i, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

L’enfant, une fille, ?tait ?g?e d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. La famille vivait dans le Michigan. Le 30 octobre 1995, la m?re emmena unilat?ralement l’enfant en Autriche, sans le faire savoir au p?re. Le 3 novembre 1995, la m?re demanda la garde de l’enfant. Le 10 novembre […]

7Ob72/98h, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

The three children, two girls and one boy, were 2, 4 and 5 years old, at the date of the alleged wrongful retention. The parents were married and the family lived in France. In the summer of 1997 the family travelled to Austria for a holiday. The father was arrested during the holiday following accusations […]

Re D. (Abduction: Acquiescence) [1998] 2 FLR 335

INCADAT legal file Hague parental abduction

The children were 5 and 3 at the date of the alleged wrongful retention. They had lived in Australia all of their lives. The parents were married and had joint rights of custody. In July 1997 the mother took the children to the United Kingdom, her State of origin, for a holiday. On 11 August […]