Supreme Court of Finland: KKO:2004:76

The application related to two children, both boys, who were aged 12 and almost 9 at the date of the alleged wrongful retention. The parents were divorced and had joint custody. The father had care of the boys and they lived with him in the United States. In the summer of 2003 the boys went […]
Re C. (Abduction: Settlement) [2004] EWHC 1245

Settlement of the Child – Art. 12(2) Over 4 years had elapsed between the removal of the child and the commencement of return proceedings. During this time the child had been successfully concealed by her mother. The child had assumed the name and date of birth of a child who had died. The issue before […]
F. v. A.

The application related to a child born to an American mother and Italian father. The parents at no stage participated in a conventional relationship. They met and developed a friendship. Ms A at this time wished to become a mother, but not to have an on-going relationship. Mr F agreed to assist Ms A to […]
Auto Juzgado de Familia Nº 6 de Zaragoza (Espa?a), Expediente Nº 1233/95-B

The boy, an American national, was born in California on 14 July 1993 to an American father and a Spanish mother. Thereafter, the parents separated, the mother alleging that the father had committed acts of domestic violence. In an interim hearing the mother was awarded exclusive custody of the child. On 1 March 1995 the […]
Auto Juzgado de Familia Nº 6 de Zaragoza (Espa?a), Expediente Nº 1233/95-B.
Pennello v. Pennello [2003] ZASCA 147, [2004] 1 All SA 32, 2004 (3) SA 117 (SCA)

The child, a girl was 1 _ at the date of the alleged wrongful removal. She had until then lived her entire life in the United States. The parents were married and had joint rights of custody. By 2002, the parents’ were experiencing marital problems and on 25 September 2002, the mother secretly took her […]
M.T. c. T.B., Cour d’appel du Qu?bec, 5 d?cembre 2003, N? 200-09-004648-033 (200-04-011942-032 & 200-04-011658-034)

L’affaire concernait une petite fille n?e en 2001. La famille ?tait ?tablie dans l’Etat de G?orgie aux Etats-Unis. Les parents ont une relation chaotique. Le 4 octobre 2002, ? la suite d’une agression physique, la m?re obtint un jugement prohibant ? son mari tout contact avec elle et l’enfant pendant 6 mois. Elle y renon?a […]
Danaipour v. McLarey, 183 F. Supp. 2d 311 (D. Mass. 2002)

The children, two girls, were 7 and 3 years old at the date of the alleged wrongful removal. They had lived all of their lives in Sweden. In October 2000 a Stockholm court put in place a joint custody regime whereby the children would spend alternate weeks with each parent. The mother undertook not to […]
S.S.-C. c. G.C., Cour sup?rieure du Qu?bec, 15 ao?t 2003, n? 500-04-033270-035

La demande concernait le retour de trois enfants n?s en 1997, 1999 et 2001. La famille avait v?cu ? Montr?al jusqu’en novembre 2000. En raison d’opportunit?s professionnelles pour le p?re, la famille s’installa aux Etats-Unis, d’abord dans le Vermont puis dans le Connecticut ? partir de mars 2001. En 2001 et 2002, les parents et […]
Director-General, Department of Families v. R.S.P. [2003] FamCA 623, (2003) FLC 93-152, (2003) 30 Fam LR 566

The child was almost 2 at the date of the alleged wrongful removal. Prior to then she had been living with her Australian mother and American father in the United States. The parents were married. Following the birth the mother was diagnosed as having post-natal depression and was prescribed anti-depressants. In April 2001 the mother […]