?.L.K. 16. november 1998, 14. afd., B-2805-98

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 The court noted that the parents had joint rights of custody and that the mother’s removal of the child to Denmark breached the father’s rights and was therefore wrongful.

5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung

INCADAT legal file Hague parental abduction

The child, a girl, was aged 2 1/2 at the date of the alleged wrongful removal. Until then she had always lived in the United States. The parents, an American father and a Swiss mother, divorced in the United States in 1995 and shared custody of their daughter. In September 1996 the mother took the […]

S. v. H. (Abduction: Access Rights) [1998] Fam 49

INCADAT legal file Hague parental abduction

The child, a boy, was aged 7 at the date of the alleged wrongful retention. He had lived in Italy all his life. The parents were not married and did not cohabit. In June 1996 the mother took the child to England, she informed the Italian Court that she intended to return in September. She […]

A. v. S., 24 June 1996, Venice Juvenile Court

INCADAT legal file Hague parental abduction

The child, a boy, was nearly 2 at the date of the alleged wrongful removal. He had lived in both the United States and Italy. The parents were separated. On 4 May 1995 the mother took the child to Italy with the father’s consent. On 11 November 1995 the father sent a letter to the […]