C. v. C. 2003 S.L.T. 793
Removal and Retention – Arts 3 and 12 – Consent – Art. 13(1)(a) The mother submitted that the father had consented to the removal and in this relied upon a note he had written on 8 July 2008 which affirmed that he assigned all rights to the child to the mother and allowed her to […]
Jabbaz v. Mouammar (2003), 226 D.L.R. (4th) 494 (Ont. C.A.)
The mother and father, Canadian citizens, lived together in Canada for three years. They had one child, a boy, who was six years old at the time of the Court’s decision. The mother and father separated in 1998. They entered into an agreement for joint custody with primary residence to be with the mother. Under […]
Fawcett v. McRoberts, 326 F.3d 491 (4th Cir. Va., 2003)
The child, a boy, was seven years old at the date of the alleged wrongful removal. He had lived in Scotland all of his life. The parents were divorced and the father had been granted care of the boy and an older sister, the mother access. The parents were involved in ongoing litigation over custody […]
Silverman v. Silverman, 312 F.3d 914 (8th Cir. 2002)
The children were 8 and 5 at the date of the alleged wrongful retention. The parents were married and the family had lived together in the United States until August 1999 when they moved to Israel. The family stayed there for 10 months when the mother took the children back to the United States for […]
M.M v. A.M.R. or M. 2003 SCLR 71
The three children, two girls and a boy, were aged 5, 3 and 2 respectively, at the date of the alleged wrongful retention. They were habitually resident in the USA. The parents were married and had joint rights of custody. On 3 May 2001 the mother travelled to Scotland with the three children in order […]
M.G. v. R.F., 2002 R.J.Q. 2132
The child, a girl, was born in Australia in 2000. A few weeks after the birth, the parties moved to the United States. In October 2000, the mother, without the knowledge of the father, took the child to Canada. The father brought a return application in May 2001. The judge at first instance held that […]
Delvoye v. Lee, 224 F. Supp. 2d 843 (D.N.J. 2002)
The application concerned a baby boy who was born in Belgium on 14 May 2001. The American mother and Belgian father, who were not married, had met in America in early 2000. They began a relationship and the father, who continued to reside principally in Belgium, visited the mother several times in New York during […]
J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
The mother and father were married in the United States in 1990. Their child, a girl, was born in January 1992. The mother and father divorced in the United States in 1993. Under the divorce decree the parents had joint custody, the mother having physical care, the father access. In 1995, on the basis of […]
Silverman v. Silverman, 2002 U.S. Dist. LEXIS 8313
The children were 8 and 5 at the date of the alleged wrongful retention. The parents were married and the family had lived together in the United States until August 1999 when they moved to Israel. The family stayed there for 10 months when the mother took the children back to the United States for […]
Tribunal for Children, Brescia, 16 May 2002, Case No. 209/02 RGCC et n. 1198 CRON.
Rights of Custody – Art. 3 The Italian Court recognized the validity of the father’s request for return since, as a result of the judgment of the Oregan Court, he had custody rights over his daughter which he had been exercising. Grave Risk – Art. 13(1)(b) The mother sought to invoke the grave risk of […]