Re R. (Minors) (Abduction) [1994] 1 FLR 190
The children, both boys, were 5 1/3 and 3 at the date of the alleged wrongful removal. They had lived in France all of their lives. The parents were not married. In February 1991 the mother left the home with the children and took them to a women’s refuge. The father applied for parental authority […]
Re S. (A Minor) (Abduction: Custody Rights) [1993] Fam 242
The child, a girl, was 9 1/4 at the date of the alleged wrongful removal. She had lived in France since March 1991. The parents were separated and by the terms of a written agreement they had agreed that the child would live with the mother in France and the father would have unrestricted access. […]
Cass Civ 1?re 16/7/1992, H. c. H.
The children, a boy and girl, were aged almost 2 and 3 months at the date of the alleged wrongful retention. The parents were married. In the summer of 1989 the family came to France for a holiday. On 30 July 1989 the mother informed the father that she did not intend to return with […]
T. v. M., 15 April 1992, transcript (Unofficial Translation), Supreme Court of Israel
The child, a boy, was 5 1/2 at the date of the alleged wrongful removal. He had lived in France all of his life. The parents were divorced; they had joint custody with the child residing with the mother. In January 1991 the mother took the child to Israel. The father applied for the return […]
S. v. S. (Child Abduction) [1992] 2 FLR 31
The child, a girl, was 9 1/4 at the date of the alleged wrongful removal. She had lived in France since March 1991. The parents were separated and by the terms of a written agreement they had agreed that the child would live with the mother in France and the father would have unrestricted access. […]
D’Assignes v. Escalante, No. BD 051876 (Cal. Super. Ct. Dec. 9, 1991)
The children, a boy and a girl, were 6 and 3 2/3 respectively at the date of the alleged wrongful removal. They had lived in the United States of America and France. The parents were not married. On 2 October 1987 the mother applied for sole custody and an order that the father not remove […]
Cass Civ 1?re 23/10/1990 C. c. G.
Rights of Custody – Art. 3 The father sought to argue that the retention was not wrongful as the mother was only awarded custody after the children had been retained. This argument was dismissed by the Court on the basis that Article 3 of the Convention refers not only to custody existing by judicial decisions […]
CA Aix en Provence, 23 mars 1989, Minist?re Public c. M. B.
The children, both girls, were aged 6 1/2 and almost 5 at the date of the alleged wrongful removal. The parents were divorced, the father having custody and the mother access. The father’s custody was however restricted to the jurisdiction of the court: England and Wales. On 17 January 1988 the father took the girls […]
France
