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 […]
Re B. (Abduction: Acquiescence) [1999] 2 FLR 818
The child, a girl, was 5 at the date of the alleged wrongful removal. She had lived in both England and the United States. Her parents were married and had joint rights of custody. On 4/5 October 1997 the mother went to England, her State of origin, with the child. On 11 February 1998 the […]
Cass Civ 1?re 13 mai 1999, N? de pourvoi 97-13.000
Two children were born of the marriage of the spouses S and R. The family lived in the United States. The mother unilaterally removed the children to France. This removal was in breach of American court orders made at the time of the parents’ divorce which gave parental authority to both the mother and father […]
Sampson v. Sampson, 267 Kan. 175, 975 P.2d 1211 (Kan. App. Apr. 16, 1999)
The children were 6 and 1 at the date of the alleged wrongful removal. They had lived in Israel all of their lives. In late 1995/early 1996 the parents went through a religious divorce in Israel, whereby the father was awarded custody. Notwithstanding this the children never exclusively resided with him. In October 1996 the […]
Director-General Department of Families, Youth and Community Care v. Moore, (1999) FLC 92-841; [1999] FamCA 284
Settlement of the Child – Art. 12(2) The Full Court noted that since the trial the law had changed with regard to the test to be applied to determine whether a child is settled in his new environment. This did not however affect the finding of the trial judge because he had applied the former […]
In re Walsh, 31 F. Supp. 2d 200 (D. Mass. 1998)
The children, a girl and a boy, were 8 1/4 and 3 1/4 respectively at the date of the alleged wrongful removal. They had lived in the United States and Ireland. The parents were married and had joint rights of custody. They travelled to Ireland separately in January 1994 since the father was facing serious […]
C. v. M., 18 December 1998, Administrative Court of Appeals (Stockholm, Sweden)
Habitual Residence – Art. 3 The mother sought to argue that the child had not acquired a habitual residence in Texas notwithstanding over 2 years residence there. The mother argued that she had always retained the intention of returning to Sweden, both her and the child were Swedish citizens and the child was listed with […]
Belton v. Belton (1998), 132 Man.R. (2d) 265 (Q.B. (Fam. Div.))
The father and mother, Canadian citizens, were married in Canada in 1993. Their child, a girl, was born in Canada in March 1995. In November 1996 the family moved to Texas and in February 1997 they moved to Tennessee. In December 1997 the father took the child for a visit to Canada. The father and […]
Bromley v. Bromley, 30 F. Supp. 2d 857 (E.D. Pa. 1998)
The children, a girl and a boy, were born in October 1987 and 1989 respectively. They had lived in the United States all of their lives. The parents were divorced. The mother had sole custody, the father access. At some point after the divorce the father moved to England. The father asserted that he had […]
2 UF 156/98, Oberlandesgericht Zweibr?cken
L’enfant, n? en juillet 1997 en Allemagne, ?tait ?g? d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Le 16 juin 1998, les parents s’?taient s?par?s d’un commun accord. En juillet, la m?re alla aux Etats-Unis avec l’enfant. Le p?re saisit le juge aux affaires familiales (Familiengericht) de Landstuhl en vue […]