H.D. et N.C. c. H.F.C., Cour d’appel du Qu?bec, 15 mai 2000, N? 500-09-009601-006 (500-04-021679-007)
L’enfant en cause ?tait n? en Italie en 1992. La famille, originaire d’Iran, y r?sidait l?galement depuis les ann?es 80. Le p?re ?tait souvent violent ? l’?gard de la m?re. L’enfant ayant contract? une grave maladie, la m?re l’emmena aux Etats-Unis avec un visa de touriste pour l’y faire suivre m?dicalement pendant un mois. Apr?s […]
In the Matter of L.L. (Children), 22 May 2000, Family Court of New York
Grave Risk – Art. 13(1)(b) The evidence of the parents was deeply divided as to the nature of their life and the treatment of the children while they lived in the Netherlands. The children were interviewed by a pediatrician and a social worker. The court found that it was highly likely that the father engaged […]
CA Grenoble, 29 mars 2000, No de RG 00/00797
Grave Risk – Art. 13(1)(b) There was no immediate grave risk that the return of the child would expose her to a physical or psychological danger or place her in an intolerable situation. In this the court noted that the child had had her principal residence with her father in the United States since September […]
Sonderup v. Tondelli 2001 (1) SA 1171 (CC)
Rights of Custody – Art. 3 The mother sought to argue that the father did not possess any rights of custody. She relied on the decision of the US Court of Appeals for the Second Circuit in Croll v. Croll that a non-removal clause does not found a right of custody. The Constitutional Court noted […]
Re T. (Abduction: Child’s Objections to Return) [2000] 2 F.L.R. 192
The children, a girl and a boy, were 11 and 6 1/2 at the date of the wrongful removal. The parents, who were separated, had joint rights of custody. The parents were British but had moved to Spain shortly before the birth of their son. The children’s home was in Spain. Custody proceedings in respect […]
Director-General, NSW Department of Community Services and Odierna, 17 March 2000, Family Court of Australia (Sydney) [2000] FamCA 2102
Rights of Access – Art. 21 Under different Italian court orders the father had sole custody in respect of the child. Consequently he did not have any order conferring him with access rights. Having failed in his return application he sought to argue that his custody order was the equivalent of an order providing for […]
Re M. (Abduction: Intolerable Situation) [2000] 1 FLR 930
The three children were aged 6, 5 and 4 at the date of the alleged wrongful removal. They were born in Norway and had lived there their entire lives. The parents, both Somali nationals, were married and had joint rights of custody. The parent’s relationship was clearly a troubled one. In 1994 the father was […]
Re H. (Abduction: Habitual Residence: Consent) [2000] 2 FLR 294
The child, a boy, was 3 1/2 at the date of the alleged wrongful retention. He was born in Sweden to a Swedish mother and British father. The parents never married but 2 months after the child was born they entered into a formal written agreement (“Bekraftelse”) in which they confirmed the child’s paternity and […]
Re H. (A Minor) (Abduction: Rights of Custody) [2000] 2 AC 291
The child, a girl, was 6 at the date of the alleged wrongful removal. She had until then lived all of her life in the Republic of Ireland. The parents, who had never married, separated in 1995. On 11 April 1996 the District Court of Carrigaline, by consent, made a custody order in favour of […]
Kantonsgericht von Graub?nden (Court of Appeal of the Grisons Canton), decision of 6 March 2000, PZ 00 9
The child, a girl, was aged 10 at the date of the alleged wrongful retention. Until then she had been living in Italy. The child’s mother was dead and she was cared for by the maternal grandmother at the request of the father who served as a Swiss guard at the Vatican. In 1999 the […]