C. v. C., 25 May 1992, Tel Aviv District Court (Israel)
Aims of the Convention – Preamble, Arts 1 and 2 The Court expressed the view that it was competent to annul the decision of the Haifa District Court regarding custody since the provisions of the Convention took precedence over all contrary legal provisions (under the Israeli implementing statute). In this the Court referred to Article […]
8Ob535/92, Oberster Gerichtshof
Interpretation of the Convention The Supreme Court emphasized that the Convention entered into force in the United States of America on 1 July 1988, i.e., shortly before the wrongful retention of the child. The Court added that the Convention nevertheless entered into force in Austria shortly after the retention (on 1 October 1988). It was […]
K. v. K., 13 February 1992, Tribunal cantonal de Horgen
The child, a boy, was 1 3/4 at the date of the alleged wrongful retention. He had lived in the United States all of his life. The parents were married and had joint rights of custody. On 30 May 1991 the mother went to Switzerland, her State of origin, with the child to visit the […]
Whitley v. Whitley 1992 GWD 15-843
The children, both girls, were aged 3 1/2 and 2 3/4 at the date of the alleged wrongful removal. They had lived in the United States of America all of their lives. The parents were married and had joint rights of custody. On 24 October 1991 the mother took the children to Scotland. On 5 […]
D’Assignes v. Escalante, No. BD 051876 (Cal. Super. Ct. Dec. 9, 1991)
The children, a boy and a girl, were 6 and 3 2/3 respectively at the date of the alleged wrongful removal. They had lived in the United States of America and France. The parents were not married. On 2 October 1987 the mother applied for sole custody and an order that the father not remove […]
4Ob538/92, Oberster Gerichtshof
The child, a boy, was aged 23 months at the date of the allegedly wrongful retention. He had lived with his family in California for the whole of his life. On 3 October 1991 the mother took the child, with the agreement of the father, on holiday to his grandparents in Austria. They were expected […]
C. v. C. (Minors) (Child Abduction) [1992] 1 FLR 163
The children, both boys, were 10 and 8 at the date of the alleged wrongful removal. They had spent all their lives in the United States of America. The parents were divorced, with the mother having custody and the father access. On 6 February 1991 the mother took the children to England. On 30 May […]
P. v. P. (Minors) (Child Abduction) [1992] 1 FLR 155
The children, a girl and a boy, were 8 years and 11 months respectively at the date of the alleged wrongful removal. They had lived in the United States all of their lives. The parents were married and had joint rights of custody. On 4 February 1991 the mother took the children to England, her […]
Bickerton v. Bickerton, No. 91-06694 (Cal. Super. Ct. July 17, 1991)
The children, a girl and a boy, were aged 12 and 10 respectively at the date of the court proceedings. They had lived in Canada for the majority of their lives. On 4 July 1986 the parents entered into a separation agreement which provided for joint custody with the children residing with each parent in […]
David S. v. Zamira S., 151 Misc. 2d 630, 574 N.Y.S.2d 429 (Fam. Ct. 1991)
The children, a boy and a girl, were aged 1 2/3 and 2 weeks at the date of the alleged wrongful removal. They had lived in Canada all of their lives. The parents were separated. On 5 October 1989 the Supreme Court of Ontario issued an order preventing the mother from removing the children from […]