M. v. K., 20/06/2000; Iceland Supreme Court
The parties lived in Spain, they separated in 1998 and divorced in 1999. Their two children, boys aged 10 and 13, lived with the mother after the separation and divorce. The mother had some custody rights, “custodia” and “cuidado”, but other custody rights, notably, patria potestas, were shared by the parents. The mother took the […]
Re T. (Abduction: Child’s Objections to Return) [2000] 2 F.L.R. 192
The children, a girl and a boy, were 11 and 6 1/2 at the date of the wrongful removal. The parents, who were separated, had joint rights of custody. The parents were British but had moved to Spain shortly before the birth of their son. The children’s home was in Spain. Custody proceedings in respect […]
P. v. B. (No. 2) (Child Abduction: Delay) [1999] 4 IR 185; [1999] 2 ILRM 401
The child, a girl, was 5 at the date of the alleged wrongful retention. She was born in Spain. Her parents were not married. The mother had previously removed the child from Spain to Ireland in 1993. On 19 December 1994 the Irish Court ordered the return of the child to Spain. In January 1995 […]
Restituci?n de Menores 534/1997 AA
Droit de la Famille 2785, No 500-09-005532-973
L’affaire concernait un enfant de parents espagnols, n? ? Paris en janvier 1989. D?s l’automne pr?c?dent, les parents s’?taient s?par?s, le mari entretenant une relation avec une autre femme. La m?re et l’enfant s’install?rent en Espagne. Les relations des parents ?taient conflictuelles, diverses proc?dures judiciaires ?tant engag?es de 1989 ? 1992. En ao?t 1992, ? […]
Re S., Auto de 21 abril de 1997, Audiencia Provincial Barcelona, Secci?n 1a
Rights of Custody – Art. 3 Under Israeli law the parents had joint rights of custody and therefore the joint right to decide the child’s place of residence. Neither parent could take the child out of the country without the consent of the other. The court noted that even in a case where the mother […]
Caro v. Sher, 296 N.J. Super. 594, 687 A.2d 354 (Ch. Div. 1996)
The children were 13, 11 and 7 at the date of the alleged wrongful removal. They had lived in Spain all of their lives. In February 1993 the tribunal of first instance in Alicante delivered a provisional decree granting the mother physical custody of the children. In July 1993 the mother travelled with the children […]
R. v. R. (Residence Order: Child Abduction) [1995] Fam 209, [1995] 3 WLR 425
The hearing related to three children who were aged 11, 7, and 4. They had lived all of their lives in Tenerife before being taken by their mother to England on 21 April 1994. This was prima facie in violation of the father’s right of veto over the removal of the children from the jurisdiction. […]
P. v. B. (Child Abduction: Undertakings) [1994] 3 IR 507
The child, a girl, was 1 2/3 at the date of the alleged wrongful removal. She had lived in Spain all of her life. The parents were not married. On 28 May 1993 the mother went to Ireland, her State of origin, with the child. At the mother’s request the father agreed to give her […]
Bordera v. Bordera 1995 SLT 1176
The child, a boy, was 8 1/4 at the date of the alleged wrongful removal. He had lived in Spain all of his life. The parents were separated. Under a binding agreement the mother had care of the child, the father access. On 6 December 1993 the mother took the child to Scotland without the […]