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 […]
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 […]
Re M. (Abduction: Leave to Appeal) [1999] 2 FLR 550
The child was 2 at the date of the alleged wrongful removal. He was taken from South Africa by his English mother. His father, a South African Zulu, then commenced return proceedings under the Convention. The trial judge found that there had been a wrongful removal but having heard oral evidence he refused to order […]
M. v. K. 31/3/1999; District Court of Reykjanes, Iceland
The children, three siblings, were approximately 7, 8 and 10 years old at the date of the alleged wrongful removal. They had previously lived had lived in Sweden with their parents. In March 1998 following the end of the marriage a Swedish court ordered that the parents should have joint custody, with the children living […]
Re D. (Abduction: Custody Rights) [1999] 2 FLR 626
Rights of Custody – Art. 3 The mother adduced expert evidence of Zimbabwe law, in particular s. 5(1) of the Guardianship of Minors Act, which entered into effect in 1961, that where either of the parents of a minor child leaves the other and the parents commence to live apart, the mother shall have sole […]
5P.1/1999, Tribunal f?d?ral suisse, (swiss Supreme Court), decision of 29 March 1999
Human Rights – Art. 20 The Supreme Court rejected the finding of the court of appeal noting that there was no evidence that a parent with no rights of custody could prevent the relocation of his children. Consequently if the mother in the present action were to be awarded sole custody by an Israeli court, […]
Director-General Department of Community Services and Odierna, 5 March 2000 (1999), Family Court of Australia (Sydney) [1999] FamCA 2201
Objections of the Child to a Return – Art. 13(2) The court accepted existing Australian case law that ordinarily the relevant objection for the purposes of the Convention was to a return to the State of habitual residence and not to life with a particular parent. However, the court held that the instant case was […]
Decision of 9 March 1999, [1999] R.D.F. 298
The children, a boy and a girl, were almost 7 and 4 at the date of the alleged wrongful removal. They had lived in Canada and New Caledonia. The parents were not married. The family lived together in Quebec, Canada until 19 September 1997. They then moved at the father’s behest to New Caledonia. The […]
Bundesverfassungsgericht, 2 BvR 420/99, 9 March 1999
The case concerned two children born in 1993 and 1995. The family lived in Sweden and the parents had joint custody. The parents separated a first time in February 1997. The father permitted the mother to take the children to Germany. However, pursuant to the mother’s admission to hospital in June, the father returned the […]
S.E.H. v. H.E.H., 21 December 1998, transcript, Holt Court of Execution and Enforcement
The children, two girls and a boy, were 13, 3 and 10 respectively at the date of the alleged wrongful retention. They had lived in both Denmark and Israel. The parents were married and had joint rights of custody. In December 1997 the family travelled to Norway to visit the maternal grandparents. At the time […]