Anderson v. Paterson [2002] NZFLR 641

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 The father argued that he held rights of custody and that the removal breached those rights and was therefore wrongful. For her part the mother contended that the father did not hold any rights of custody. It was the father’s case that he and the mother were living together […]

W. and B. v. H. (Child Abduction: Surrogacy) [2002] 1 FLR 1008

INCADAT legal file Hague parental abduction

The twin children were born in England to a surrogate mother. At the date of the hearing they were 3 months old and had spent all of their lives in England. The surrogacy agreement was made in California on 12 February 2001 between a married Californian couple and an English woman. It was agreed that […]

Oberlandesgericht Dresden, 10 UF 753/01, 21 January 2002

INCADAT legal file Hague parental abduction

The child, a girl, was 10 years old at the date of alleged wrongful removal. Prior to the removal she had lived in Florida with her mother. In March 2001 the parents entered into an agreement whereby the mother would have primary care of the child, the father generous visitation rights. In addition both parents […]

Gil v. Rodriguez, 184 F.Supp.2d 1221 (M.D.Fla. 2002)

INCADAT legal file Hague parental abduction

The child, a girl, was nearly 7 years old at the date of the alleged wrongful removal. She had lived in Venezuela all her life. Her parents were not married, but had intermittently lived together with the child. At the date of the child’s removal, the trial court found that they had been living together […]

Tsarbopoulos v. Tsarbopoulos, 176 F. Supp.2d 1045 (E.D. Wash. 2001)

INCADAT legal file Hague parental abduction

The three children, two boys and a girl, were aged 7, 4, and 2 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. The family had lived in the United States until late September 1997. The family then moved to Greece where the father, a Greek […]

Paz v. Paz, 169 F. Supp. 2d 254 (S.D.N.Y. 2001)

INCADAT legal file Hague parental abduction

The child was 12 _ at the date of the alleged wrongful retention. She had lived in the United States, Peru and New Zealand. Her longest period of residence in a single country was in Peru between 1993 and 1998, thereafter her country of residence changed at least 9 times. The parents, both Peruvian citizens, […]

Fawcett v. McRoberts, 168 F.Supp.2d 595 (W.Va. 2001)

INCADAT legal file Hague parental abduction

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 […]

5P.477/2000/ZBE/bnm

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 […]