H. v. H.
The children, a girl and a boy, were habitually resident in the United States. The parents had joint rights of custody. In late July/early August 1999 the mother retained the children in Sweden during a vacation. The father petitioned for the return of the children.
Secretary Attorney-General’s Department v. S.[1999] FamCA 1528
Habitual Residence – Art. 3 The court ruled that the terms of the agreement of 4 June 1996 and of the proposed consent orders did not indicate an intention that the children’s place of habitual residence be changed. Rather the proposed orders prima facie were drawn on the basis that the residence of the children […]
CA Paris, 7 octobre 1999, No de RG 1999-18635
R?le des Autorit?s centrales – art. 6 – 10 –
Case No. C 99 4313, 11/10/1999, Arrondissement judiciaire I Courtelary-Moutier-La Neuveville
The children, three girls, were 10 _, 4 _ and 3 _ years old respectively at the date of the alleged violation of the father’s access rights. On 20 November 1997 the parents had been granted a divorce by an American court. The Swiss/American mother was granted custody, the American father access. In 1998 the […]
Villalta v. Massie, No. 4:99cv312-RH (N.D. Fla. Oct. 27, 1999)
The child, a boy, was 3 1/2 at the date of the first alleged wrongful removal. He had lived in the United States all of his life. The parents were married and had joint rights of custody. On 6 November 1993 the mother took the child to Chile, her State of origin. On 10 August […]
Director-General, Department of Families Youth & Community Care v. Reissner [1999] FamCA 1238, (1999) 25 Fam LR 330
Rights of Access – Art. 21 Under Regulation 25(4) of the Family Law (Child Abduction Convention) Regulations, which implements the Hague Convention into Australian Law, the Australian courts may, where an application is made to secure the effective exercise of rights of access, make any order in relation to rights of access to a child […]
Oberlandesgericht Celle, 18 UF 34/99, 17 August 1999
The child, a girl, was 8 _ months at the date of the alleged wrongful removal. She had lived in the United States since birth. On 28 September 1998 the Los Angeles Superior Court granted the mother temporary custody. A final hearing was scheduled for 16 October. On 4 October the mother took the child […]
Morris v. Morris, 55 F. Supp. 2d 1156 (D. Colo., Aug. 30, 1999)
The child, a boy, was almost 2 at the date of the alleged wrongful removal. The parents were married and had joint rights of custody. The father was a university professor. In December 1997 he was awarded a 12 month period of sabbatical leave which he intended to spend with his family in Europe. The […]
S. v. S., ‘ir’ur mehozi (Family Appeal) 128/99 (nyr)
The child, a boy, was 12 1/2 at the date of the alleged wrongful removal. The parents, both orthodox Jews, were married. The child lived in the United States but had made frequent and extended visits to Israel. The parents had been planning to emigrate to Israel. The father took the child to Israel without […]
1 Ob 147/99w, Oberster Gerichtshof
L’enfant avait la double nationalit? austro-am?ricaine. Les parents ?taient mari?s et avaient d’abord v?cu avec l’enfant ? St Petersburg (USA) avant de s’installer en Autriche (dont la m?re ?tait originaire) en mars 1997. Alors que la m?re voulait rester en Autriche, le p?re voulut finalement repartir aux ??tats-Unis d’Am?rique. La m?re craignit qu’il n’y emmen?t […]