ARGENTINA – ALTHEIM v ALTHEIM – 2001 (Return ordered) ALTHEIM v ALTHEIM. The father took his son to Argentina. The mother files for his return under the Convention. The court found that the habitual residence was Israel and ordered the return. Concerned that conditions might get worse in Israel, the court postponed the return for two months. Note by Wm. M. Hilton: Pursuant to the letter of 15 Mar 2002 from the State of Israel, Ministry of Justice, to Edwin Freedman, Attorney, the minor child was given over to the custody of the mother on 05 Dec 2001 and returned […]

AUSTRALIA – 1988 (1988) (Return denied based on age of maturity) The Mother consented to the child leaving England to visit the father. She also consented to the child residing permanently with the father in Australia. Judge ruled the child had reached an age of maturity and denied the return to England based on the child’s wishes. In re the Marriage of Turner(Fam.Ct. of Australia at Brisbane 1988) No. 1314/88 Before the Hon. Justice Lambert on 27 Jun 1988. Appearances: Mr. F. Clair of Counsel instructed by the Queensland Crown Solicitor, appeared for the Director-General, Department of Family Services, Queensland. […]

AUSTRALIA – BARRACLOUGH – 1987 (1987) BARRACLOUGH v BARRACLOUGH. The mother took the children to Australia for holiday, but did not inform the father she would be making Australia their permanent home. The father sought an order from the English court for the return of the children to England. The court found that it was not the proper forum for the proceedings before it. The court dismissed both the father’s and mother’s petitions. ========================================================== In the Marriage of W M and G R BARRACLOUGH(FAMILY COURT OF AUSTRALlA 1987) Pages 773 through 780 Kay, Justice 18, 19 August 1987 – Melbourne […]

Barrios and Sanchez (Australia 1989)[1989] 96 FLR 336 =========================================================== IN THE MARRIAGE OF: SAM JOHNNY BARRIOS (CARRASCO) APPELLANT/HUSBAND AND MONICA SANCHEZ (HERNANDEZ) RESPONDENT/WIFE APPEAL No. 115 of 1989 SUIT No. AD 2930 of 1989 Family Court of Australia IN THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA Nicholson C.J.(1), Murray(1) and Rowlands (1) JJ. Hearing: SYDNEY DATE: 14 Jul 1989 Mr S. W. Tilmouth of counsel instructed by Legal Services Commission of South Australia, appeared for and on behalf of the appellant/husband. The appeal will accordingly be dismissed. JUDGE1 1. THE COURTThis is an appeal by the husband against […]

AUSTRALIA – BAXLEY – 1993 (1993) (Return ordered) BAXLEY v BAXLEY. Mother takes children to Australia. Judge orders the return of the children to USA. FAMILY COURT OF WESTERN AUSTRALIA BEFORE: TOLCON J HEARD: 17th & 18th JANUARY, 1993 WMH FN01 No. PT 5557 of 1993 JUDGMENT: 18th JANUARY, 1993 (Ex Tempore) BETWEEN: CHARLES EDWARD BAXLEY (Husband) – and – CHRISTINE BAXLEY (Wife) – and – BRIAN BULL (Applicant) (Commissioner, Western Australian Police) REASONS FOR JUDGMENT APPEARANCES: Mr. J.D. Allanson appeared for the Applicant instructed by the Crown Solicitor. Ms R. Tapper appeared for the Respondent/Wife instructed by Paynes. The […]

AUSTRALIA – BENNETT – 1993 POLICE COMMISSIONER OF SOUTH AUSTRALIA v BENNETT ========================================================== FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT ADELAIDE No. AD 1668 of 1993 BETWEEN: THE POLICE COMMISSIONER OF SOUTH AUSTRALIA (State Central Authority) AND RICHARD JAMES BENNETT (Father) CORAM: Judicial Registrar Forbes DATE OF HEARING: 25 May 1993 DATE OF JUDGMENT: 4 June 1993 JUDGMENT APPEARANCES: Mr A Moss (instructed by Crown Solicitor) appeared on behalf of the State Central Authority Mr R Hogan (instructed by David Peacock) appeared on behalf of the father. CATCHWORDS: Application under Family Law (Child Abduciton Convention) Regulations […]

AUSTRALIA – BENNETT – 2000 (Return Denied, Return Ordered on Appeal) DEPERTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE v BENNETT. Mother retains the child in Australia. Father files for return under the Hague Treaty. Lower court denies the return holding it would be “unwise” for the mother to travel to the UK (health reasons). With the mother not there, it would place the child in an ‘intolerable situation”. The decision was reversed on appeal and the child was ordered returned to the UK. The court felt that the courts of the UK were able to handle any concerns raised by […]

AUSTRALIA – GAZI – 1992 (1992) GAZI v GAZI FAMILY LAW ACT 1975IN THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY WMH FN-1 Appeal No. EA85 of 1992 File No. SY9127 of 1992 IN THE MARRIAGE OF: WILLIAM GUILLAUME GAZI, (previously known as Al Ghazi) Appellant/Husband – and – JULIA ANN GAZI, (previously known as Al Ghazi) Respondent/Wife REASONS FOR JUDGMENT BEFORE: Ellis, Nygh and Ross-Jones JJ. HEARD: 15th and 18th day of December 1992 JUDGMENT: 18th day of December 1992 APPEARANCES: Mr W. G. Gazi, of 21 Hopetoun Street, Hurlstone Park, 2193, appeared in person. Mr. […]

AUSTRALIA – GENISH – 2002 (2002) (Return ordered by lower court, overturned on appeal) (Grave Risk) (War Zone) GENISH-GRANT v DIRECTOR-GENERAL DEPT of COMMUNITY SERVICES. This is an appeal by the mother against orders form the lower court ordering the return of the children to Israel. The appeal was allowed. Genish v Dept of Community Services (Australia 2002)Appeal No. EA 110 of 2001 11 International Abduction [USA 2002] =========================================================== FAMILY LAW ACT 1975 IN THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY Appeal No. EA 110 of 2001 File No. SY 4998 of 2001 IN THE MATTER […]

AUSTRALIA – GSPONDER – 1988 (1988) (Return ordered) GSPONER v JOHNSTONE, Child abducted to Australia by his mother. Lower court orders the child returned to Switzerland. Mother appeals. Appeal dismissed. =========================================================== GSPONER v JOHNSTONE (1988)12 Fam LR 755 FAMILY COURT OF AUSTRALIA Fogarty, Frederico and Joske JJ 8, 23 December 1988 – Melbourne Child abduction – Child abducted to Australia from Switzerland – Appeal against order for his return – Convention on the Civil Aspect of International Child Abduction – Family Law (Child Abduction Convention) Regulations reg 16. On 25 November 1988 the trial judge ordered the return to Switzerland […]

AUSTRALIA – HICKS – 1987 (1987) (Return ordered) HICKS v HICKS. Mother takes child to Australia. Court orders the child returned to the United Kingdom. Return is delayed until the mother has a chance to oppose the return under article 13. FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT SYDNEY No. S1808 of 1987 IN THE MARRIAGE OF: FRANCIS JOHN HICKS (Husband) AND PAULA ANN HICKS (Wife) AND DIRECTOR-GENERAL OF DEPARTMENT OF YOUTH AND COMMUNITY SERVICES (Central Authority) BEFORE THE HONOURABLE MR JUSTICE P.E. NYGH DELIVERED ON THE 10th DAY OF APRIL 1987 *JUDGMENT* (Ex-tempore) APPEARANCES: MR […]

FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT MELBOURNE [WMH FN1] BETWEEN: No. ML.11184 of 1992 DEPARTMENT OF HEALTH AND COMMUNITY SERVICES (As the State Central Authority), (Applicant) and I. E. , (Respondent) CORAM: THE HONOURABLE JUSTICE KAY DATE OF HEARING: 23 DECEMBER 1992 DATE OF JUDGMENT: 23 DECEMBER 1992 REASONS FOR JUDGMENT APPEARANCES: Mr Thomas of Counsel instructed by the Victorian Government Solicitor, 200 Queen Street, Melbourne, appeared on behalf of the applicant Department of Health & Community Services. Mr Dwyer of Counsel instructed by George A. Madden Pty., 1175 Heatherton Road, Noble Park 3174, appeared […]

AUSTRALIA – KARIDES – 1996 (1995) (Return ordered) (there is a great discussion of “Grave Risk” on pages 12-16) KARIDES v KARIDES, Mother took child to Australia. Court rules that the child should be returned to the United States. Dept of Health & Com Services v Karides (Australia 1995)Family Court, Melbourne No. ML.2927 of 1995 ================================================================= FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT MELBOURNE No.ML.2927 of 1995 BETWEEN: JOHN PRYDE PATERSON SECRETARY, DEPARTMENT OF HEALTH AND COMMUNITY SERVICES STATE CENTRAL AUTHORITY (Applicant) and JAMES PETER KARIDES (Husband) and MARY LOUISE KARIDES (Wife) CORAM: THE HONOURABLE JUSTICE […]

AUSTRALIA – LAMBERT – 1987 (Return ordered) LAMBERT v LAMBERT. Father took child to Australia. Judge ordered the return to the mother in Scotland. =========================================================== FAMILY LAW ACT 1975 In the Family Court of Australia at Melbourne No. M.2115 of 1987 In the Marriage of: Roger Alan Lambert and Linda Kerr Lambert and Peter Johnstone, Director General Department of Community Services, Victoria JUDGMENT OF THE HONOURABLE MR JUSTICE KAY 03 Apr 1987 APPEARANCES: Mrs. Winneke of Counsel Instructed by: Messers Cohen Kirby & Iser, Solicitors 90 Pall Mall Bendigo For Roger Alan Lambert Mr. G. Thomas of Counsel Instructed by […]

AUSTRALIA – LEIGH – 1994 (1994) (Removal was wrongful) LEIGH v UNDERWOOD. Mother took the children to USA. Husband applied to the Australian Court for a judgment that the removal from Australia was wrongful. The Judge issued an order that the removal was indeed wrongful. There was no appearance for the mother in court. The courts of the USA would handle return. Leigh v Underwood (Australia 1994)Melbourne ML 5074 of 1993 ================================================================= LEIGH v UNDERWOOD AND DEPARTMENT OF HEALTH AND COMMUNITY SERVICES AND DIRECTOR OF LEGAL AID JUDGE: Hase J DATE OF JUDGMENT: 17 June 1994 CATCHWORDS: FAMILYLAW- CHILD ABDUCTION- […]

AUSTRALIA – MCOWAN – 1993 (1993)(Return ordered with undertakings) McOWAN v McOWAN, Mother took children to England. The Court ordered the mother to return with the children after the father agreed to a set of undertakings. Once in Australia, the father changed his mind and stated he would not honor the undertakings. Court addressed what happens when the children are returned under order of another country’s courts. The Court also addressed the enforceability of undertakings. FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT MELBOURNE No. DG.3097 of 1993 BETWEEN: CRAIG DOUGLAS McOWAN (Husband) and JANE CAROLINE McOWAN […]

Director General et al and M.S. (Australia 1998)Family Court of Australia at Sydney No SY8917 of 1997 19 International Abduction [Australia 1998] =========================================================== FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT SYDNEY No. SY8917 of 1997 BETWEEN: DIRECTOR-GENERAL OF THE DEPARTMENT OF COMMUNITY SERVICES (Applicant/Central Authority) – and – M. S. (Respondent Mother) REASONS FOR JUDGMENT BEFORE: JUSTICE J.M.H. MAXWELL HEARD: 25 SEPTEMBER 1998 JUDGMENT: 15 OCTOBER 1998 APPEARANCES: Mr O’Brien of Counsel, instructed by Crown Solicitor’s Office, Sydney, appeared on behalf of the applicant/Central Authority. Mr Anderson of Counsel, instructed by Patrick Grimes & Co., Solicitors […]

AUSTRALIA – MURRAY – 1993) (Return ordered) Mother took children to Australia from New Zealand. The mother claimed abuse by the father. Children were ordered returned to New Zealand. Mother appealed. Appeal dismissed. =========================================================== AUSTRALIA – MURRAY – 1993 (1993) (Return ordered) Mother took children to Australia from New Zealand. The mother claimed abuse by the father. Children were ordered returned to New Zealand. Mother appealed. Appeal dismissed. Murray Appeal No EA 51 of 1993 (Australia) Date of Hearing 19, 23 August and 1 September Date of Judgment 6 October 1993 Coram Nicholson CJ, Fogarty, and Finn JJ Catchwords: Family […]

AUSTRALIA – OTTENS – 1988: (1988) (Return ordered) OTTENS v OTTENS, Mother took children to Australia. Mother is ordered to return the children to Canada. Ottens and Ottens (Australia 1988)Family Court at Melbourne No M 9653 of 1988 ================================================================ Johannes Ottens, Husband and Diane June Ottens, Wife and Peter Johnstone, Applicant Director General Department of Community Services Victoria State Central Authority Family Court of Australia at Melbourne, No. M 9653 of 1988, 21 Dec 1988 Judgment by the Hon. Justice Frederico This is an application filed on 13th December 1988 by Peter Johnstone, the Director-General of the Department of Community […]

FAMILY LAW ACT 1976 IN THE FAMILY COURT OF AUSTRALIA AT BRISBANE No. BR 5717 of 2002 BETWEEN: DIRECTOR GENERAL DEPARTMENT OF FAMILIES Applicant AND: PATEL RUPAL SUNIL Respondent BEFORE THE HONOURABLE JUSTICE WARNICK REASONS FOR JUDGMENT Dates of Hearing: 2 December 2002 Date of Judgment: 14 January 2003 Appearances: Mr. Green of Counsel, instructed by Crown Law, appeared on behalf of the Applicant Mr. North of Senior of Counsel, Instructed by Robert Downey Lawyers, appeared on behalf of the Respondent 1. On 5 December 2000 a daughter Shivani, was born to Sunil Raman Patel and Rupal Sunil Patel, at […]

AUSTRALIA – PROKOP – 2002 (Returned Denied) (Diplomatic Immunity) CENTRAL AUTHORITY v PROKOP. The mother takes the children to Australia for a visit and refuses to return to Zimbabwe. The Central Authority applies for their return. The court ruled that because diplomatic Immunity exists the courts in Zimbabwe would not be able to hear custody matters. =========================================================== Dept Community Services v Prokop [Australia 2002]Sydney No. SY6417 of 2001 08 International Abduction [AUSTRALIA 2002] =========================================================== FAMILY LAW ACT 1975 IN THE FAMILY COURT OF AUSTRALIA AT SYDNEY No. SY6417 of 2001 IN THE MATTER OF DIRECTOR-GENERAL DEPARTMENT OF COMMUNITY SERVICES Applicant […]

AUSTRALIA – SMITH – 1997 STATE CENTRAL AUTHORITY (for the father, SMITH) v AYOB ============================================================== State Central Authority (Smith) and Ayob (Australia 1997)Matter No ML 2111 of 1997 ============================================================== O/N 7714 FAMILY COURT OF AUSTRALIA DRAFT JUDGMENT By KAY J At MELBOURNE On FRIDAY, 28 FEBRUARY 1997 Matter No ML 2111 of 1997 STATE CENTRAL AUTHORITY and AYOB HIS HONOUR: The application is brought by the State Central Authority seeking an order for the return of a child pursuant to the provisions of the Family Law (Child Abduction Convention) Regulations (“the Regulations”) which Regulations purport to give operation and effect […]

Court: FAMILY COURT OF AUSTRALIA Number: 163 Fam C of A [1989] Applicant: Wife and Respondent: Husband Date: 21 Apr and 15 May 1989 ================================================================= In the Marriage of A F and M SOARES FAMILY COURT OF AUSTRALIA SIMPSON, FREDERICO and GRAHAM JJ 21 April, 15 May 1989 – Parramatta Custody – Jurisdiction – Refusal to exercise jurisdiction in custody application where child in Portugal – Whether refusal was a proper exercise of discretion. Jurisdiction – Custody – Discretion – Refusal to exercise jurisdiction in custody application where child in Portugal – Whether refusal was a proper exercise of discretion. […]

SUMMARY OF CASES DECIDED UNDER THE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, DONE AT THE HAGUE ON 25 OCT 1980 IN AUSTRALIA This listing was graciously provided by the Hon. Justice Peter E. Nygh of the Family Court of Sydney, Australia. ====================================================================== In the Marriage of Lambert and Lambert, at Melbourne, 3 April 1987, unreported [Full text is on Hilton House BBS: LAMBERT.AUS] “grave risk of … intolerable situation”, Article 13(b). Factual. The child (aged 3) pursuant to an interim order was in the custody of the wife. The husband wrongfully removed the child to Australia. The […]

AUSTRIA – HABSBURG -1996 (1997) (Return denied on appeal) HABSBURG v DONATH. Mother took the child to Austria. The lower court denied the return. The father appealed, the appeal was denied. Habsburg v Donath (Austria 1996)27 OB 35/97s 8 International Abduction [AUSTRIA 1997] =========================================================== REPUBLIC OF AUSTRIA Habsburg vs Donath 12 Feb 1997 001 The Supreme Court of Appeal. through the President of the Bench of the Supreme Court of Appeal Dr. Warta, Chairman, and Supreme Court of Appeal Judges Drs. Nlederreiter, Schaich, Tittell and I., as judges in the case of the curatorship involving the minor Julian Lorenz Habsburg-Lothringen, […]

CANADA – CORNFELD – 2001(Return ordered) (Art. 13b) (Zone of War) CORNFELD v CORNFELD The father applies to the Canadian court for the return of his children. The court rules that the “evidence is clear that the children are being wrongfully retained in Ontario by the respondent and such retention constitutes a wrongful retention or removal within the meaning of article 3 of the Hague Convention”. The mother’s Art. 13b argument was also rejected by the court. Children ordered returned. ================================================================ Cornfeld and Cornfeld (Canada 2001)Superior Court of Justice – Ontario File No: 01-FA-10575 Date: 2001 11 30 17 International […]

CANADA – CORNFELD – APPEAL – 2001 Return ordered) (Art.13b) (Zone of War) (OnAppeal) CORNFELD v CORNFELD. The mother seeks a stay of the order of Ferrier J. dated November 30, 2001 pending the disposition of her appeal. The court saw “no justification for granting the request that a temporary stay be granted pending any possible review of this decision by a panel of this court”. The motion is therefore dismissed. ================================================================ Cornfeld and Cornfeld (Canada 2001)Ontario Court of Appeal Docket No M28020 (C37348) Date: 2001 12 04 18 International Abduction [Canada 2001] ================================================================ COURT OF APPEAL FOR ONTARIO Docket […]

CANADA – COWARD – 1988: (1988) (Return ordered) COWARD v COWARD. Mother takes child to Canada. Court ordered the forced return of the child to Australia with the father. CANADA, PROVINCE OF QUEBEC, DISTRICT OF MONTREAL SUPERIOR COURT OF MONTREAL, 23 Jun 1988 Hon. Andre Forget, JCS No 500-04-002065-887 Peter William Coward, Petitioner and Emanuella Anne-Marie Coward, born Latint, Respondent JUDGMENT The Court already stated that the petition perfectly meets the requirements of the Convention of the Civil Aspects of international Child Abduction1 , and an Act respecting the Civil aspects of International and Interprovincial child abduction. Therefore the Court […]

Diab vs Benoit (Canada 1996)Prov. of Quebec, Dist. of Terrebonne No 700-04-001386-967 ================================================================= CANADA PROVINCE OF QUEBEC DISTRICT OF TERREBONNE NO: 700-04-001386-967 SUPERIOR COURT (FAMILY DIVISION) May 17, 1996 PRESIDING: THE HONOURABLE ROGER R BAKER, J.B.C. YOSRI (YOUSRALLA) DIAB, domiciled and residing at 19400 Sorenson Avenue, apt. 105, in the City of Cupertino, State of California, United States of America, 95014; Petitioner vs JULIE BENOIT, presently at 740 Nonette Street, in the City of Ste-Therese, District of Terrebonne, Province of Quebec; Respondent JUDGMENT The Court is seized with a Motion to Obtain the Forced Return to California of the children […]

Court: Ontario Provincial Court – Family Division Number: Welland Registry No. 51/83, Ontario Judgments: [1988] O.J. No. 2481 Applicant: Melissa M. Steigerwalt-Gibson1 and Respondent: Michael Ebejer2 Date: 14 Dec 1988 IN THE MATTER OF AN APPLICATION for the Enforcement of Custodial Rights under Section 47 of the CHILDREN’S LAW REFORM ACT, R.S.O. 1980, c. 88 as added to be S.O. 1982, c 20, and amendments thereto AND IN THE MATTER OF the Convention on the Civil Aspects of International Child Abduction. BUDGELL, Provincial Court Judge (Orally): Melissa M. Steigerwalt-Gibson (Gibson) and Michael Ebejer (Ebejer) are the parents of Lukas Michael […]

Hawke and Gamble (Canada 1998)New Westminster, B.C. Registry: E 004559, 28 Sep 1998 25 International Abduction [CDN 1998] =========================================================== Date: 28 Sep 1998 Docket: E004559 Registry: New Westminster IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: ROBERT ALLEN HAWKE, PETITIONER AND: NINA JO GAMBLE, RESPONDENT REASONS FOR JUDGMENT OF THE HONOURABLE MR., JUSTICE R.A. McKINNON Counsel for the Petitioner: W. R. Storey Counsel for the Respondent: J.L. Pratt Place and Date of Hearing: New Westminster, B.C. September 1, 1998 [1] Mr. Hawke alleges that the respondent has unlawfully removed their two children to British Columbia from the State of Texas […]

CANADA – HICKMAN – 1989 (Return ordered) HICKMAN v NEWELL. Father is ordered to return the child to mother in England. Father is ordered to pay court costs fixed at $1000.00 with stipulations. =============================================================== Court: SUPREME COURT OF ONTARIO Number: Court File No. 11207/89 Applicant: Paula Hickman and Respondent: Joseph Donald Gerard Newell Date: Thursday, 20 Jul 1989 IN THE MATTER OF The Children’s Law Reform Act., R.S.O. 1980, Chapter 68, as amended; AND IN THE MATTER OF the Hague Convention on the Civil Aspects of International Child Abduction. Judge: The Honourable Judge J. H. Jenkins JUDGMENT THIS APPLICATION was […]

Court: Ontario Provincial Court – Family Division Number: Orangeville Registry No. 101/88; Ontario Judgments: [1989] O.J. No. 353 Applicant: Laurie Anne Hill 1 and Respondent: Murray Hill 2 Date: 08 Feb 1989 (Hearing), 15 Feb 1989 (Judgment) IN THE MATTER OF THE CHILDREN’S LAW REFORM ACT, R.S.O. 1980 C. 68, as amended. FISHER, Provincial Court Judge: The principal issue is whether the court has any jurisdiction to decide who shall have custody of the infant Matthew Hill, born February 24th, 1987. Judgment was rendered on December 21st, 1988 on the day of the hearing. These are my expanded reasons. THE […]

Court: Supreme Court of Ontario Number: Court File No. 527-89 Applicant: Donald Caroll Hutchison 1 and Respondent: Kandy Bissonette Hutchison 2 Date: 25 Apr 1989 REASONS FOR JUDGMENT THE HONOURABLE STANTON HOGG, DCJ. The applicant wife applies for custody and interim custody of Christopher Bissonette and Donald Kyle Hutchison. Christopher Bissonette is the applicant’s child of a former marriage. Donald Kyle Hutchison born some four years later is a child of her current marriage. The respondent, applicant by cross-application, applied for an order pursuant to section 47 of the Children’s Law Reform Act, returning the child Donald to him. Section […]

Canada – KELLEY – 1988 (return denied on appeal and reconsideration of 13b by trial court) JOHNSON v FOWLER-WINNING, Mother takes child to England. The Mother admits to a wrongful removal. Child is ordered returned to Canada, but in the mean time the mother makes a personal appeal to the Court of Appeal. The Court allowed her appeal. The Court of appeal returned the case to trial court to consider an article 13b defense. The Court found that the defense order 13b “has been established” and did not order the return of the child to Canada. (See Mr. Hiltons comments) […]

K.G. v. C.L.G. [Canada 2002][2002] S.J. No. 326; 2002 SKQB 177 13 International Abduction [USA 2002] =========================================================== IN THE MATTER OF enforcing a custody order of an extra-provincial tribunal pursuant to the Children’s Law Act, 1997 AND IN THE MATTER OF the International Child Abduction Act, 1996 Between K.G., applicant and C.L.G., respondent [2002] S.J. No. 326 2002 SKQB 177 Q.B.F.L.D. No. 87 of 2002 J.C.R. Saskatchewan Court of Queen’s Bench (Family Law Division) Judicial Centre of Regina McIntyre J. April 29, 2002. (40 paras.) Counsel: Gerald B. Heinrichs, for the applicant K.G. Helen G. Semaganis, for the respondent C.L.G. […]

CANADA – MATTEO – 1997: (1997) (Return ordered) Matteo v Parodi. Child taken by the mother to Canada. Superior Court ordered return of child to Argentina. Court of Appeal upheld Superior Court’s decision. Matteo v Parodi (Canada 1997)Montreal Court of Appeal No. 500-09-005331-970 and 500-04-010889-971 9 International Abduction [CANADA 1997] ====================================================== COURT OF APPEAL PROVINCE OF QUEBEC MONTREAL REGISTRY No. 500-09-005331-970 (500-04-010889-971) On 07 Aug 1997 THE HONORABLE MORRIS J. FISH, J.A. (in Chambers) Maria Magdalena Matteo, Appellant v. Miguel Angel Parodi, Respondent And THE ATTORNEY GENERAL OF QUEBEC, MIS EN CAUSE JUDGMENT 001 I am seized of two applications […]

CANADA – MILLER – 1996 (Return denied) MILLER v LAHAISE. Mother takes children to Canada. After an interview with the older child, the court was satisfied that the child had reached an age of maturity and the child’s wish to remain with her mother should be taken into consideration. The Court dismissed the father’s application for return to England. (See footnotes by Mr. Hilton) ================================================================= Miller v Lahaise (Quebec 1996)Superior Court No 700-04-002221-965 ================================================================= CANADA PROVINCE OF QUEBEC DISTRICT OF TERREBONNE NO: 70004002221 SUPERIOR COURT PRESIDING: THE HONOURABLE MR. JUSTICE JEAN ARCHAMBAULT DONALD McDIARMID MILLER Petitioner -vs- JOHANNE LAHAISE Respondent […]

CANADA – O_Sullivan – 1998 (Return ordered) O’SULLIVAN v ANDERSON. Mother left the marital home with the child and went “underground”. She was located in Canada. Father applies for return to Ireland. Child is ordered returned forthwith. =========================================================== O’Sullivan v Anderson (Canada 1998)Vancouver, BC Registry: F 98 0255, 06 Aug 1998 24 International Abduction [CDN 1998] =========================================================== Date: 06 Aug 1998 Docket: F 98 0255 Registry: Vancouver IN THE SUPREME COURT OF BRITISH COLUMBIA Oral Reasons for Judgment Mr Justice R.D. Wilson Pronounced in Chambers August 6, 1998 BETWEEN DEREK FRANCIS O’SULLIVAN, PETITIONER AND: CHRISTINE LOUISE ANDERSON, RESPONDENT Counsel for […]

Court: Supreme Court of Ontario Number: 67 O.R. (2d) 1; Court File No. 1119/88 Applicant: Earle O. Parsons III and Respondent: Sylvia Dolores Styger (Parsons) Date: 06 Jan 1989 Application for an order for the return of a child pursuant to s. 47 of the Children’s Law Reform Act (Ont.) which incorporates the Hague Convention on the Civil Aspects of International Child Abduction; COUNTER APPLICATION for custody of the child. Judge: Shapiro D.C.J. (L.J.S.C.) Family law – Custody – Removal from jurisdiction – International child abduction – Child born in and residing in California during parents’ marriage – Parents separating […]

Canada – RS – 1997(Return denied) RS v PA. Mother took the child and went into hiding. Mother was located in Canada. The father applied for return of the child to England. During trial, the father agreed that it was in the best interest not to return the child to England. The court found it appropriate not to return the child. Father however still wanted access. Judge orders mother not to leave jurisdiction of Court and retained jurisdiction until he could decide on access by the father. =========================================================== R.S. v. P.A.[1997] Q.J. No. 1610 7 International Abduction [CANDA 1997] =========================================================== […]

CANADA – THOMSON – 1993 (Return ordered) THOMPSON v THOMSON. Mother took child to Canada from Scotland. Child is ordered back to Scotland. The Court gave interim custody to the mother. (See Mr. Hilton’s footnote) (See below) ================================================================= Thomson and Thomson (Manitoba Q.B. Fam.Div. 1993)48 R.F.L. (3d) 308 [1993] ================================================================= COURT OF QUEENS BENCH OF MANITOBA (FAMILY DIVISION) Suit No. FD 93-01-32729 (Winnipeg Centre) BETWEEN: AMANDA LOUISE THOMSON, Petitioner (Wife), – and – PAUL THOMSON, Respondent (Husband). Martin G. Tadman for the Petitioner (Wife) Jack A. King for the Respondent (Husband) Judgment delivered: June 28, 1993 DAVIDSON. J. 1. The […]

Thomson v. Thomson (Can.Sup. 1994)[1994] 3 S.C.R. 551 [119 D.L.R.4th 253; 6 R.F.L. (4th) 290] ================================================================ AMANDA LOUISE THOMSON V. PAUL THOMSON – and – THE ATTORNEY GENERAL OF CANADA, THE ATTORNEY GENERAL FOR ONTARIO and THE ATTORNEY GENERAL OF MANITOBA CORAM: The Rt. Honourable Antonio Larner, P.C. The Hon. Mr. Justice La Forest The Hon. Mme Justice L `Heureux-Dube The Hon. Mr. Justice Sopinka The Hon. Mr. Justice Gonthier The Hon. Mr. Justice Cory The Hon. Madam Justice McLachlin The Hon. Mr. Justice Iacobucci The Hon. Mr. Justice Major Appeal heard: January 26, 1994 Judgment rendered: January 26, 1994 […]

CANADA – THOMSON APPEAL – 1993 (Return ordered) THOMSON v THOMSON. This is an appeal of the above case where the mother was ordered back to Scotland with the child. The appeal was dismissed with costs. Child is to be returned forthwith. The court indicated that the four month interim custody given to the mother was not justified. (See below) ================================================================ Thomson and Thomson (Manitoba Appl. 1993)50 R.F.L. (3d) 143 [1993]; 107 D.L.R. (4th) 695 (C.A.) ================================================================ IN THE COURT OF APPEAL OF MANITOBA Coram: Huband, Twaddle and Helper, JJ.A. Suit No. AI 93-30-01347 B E T W E E […]

Ministry of Justice and CM (Cyprus 1996)District Court of Nicosia Appl. No. 405/96 =========================================================== DISTRICT COURT OF NICOSIA Before: G. Mettouris, D.J. Appl. No. 405/96 Between: The Minister of Justice and Public Order (as Central Authority for the purposes of the Convention on the Civil Aspects of International Child Abduction) Applicant and CM, of Nicosia Respondent This application having come up for hearing in the presence of Mrs. G. Frangou, advocate for the applicant, and Mr. Eliades, through Mr. T. Papadopoulos, advocate for the respondent, and after everything said on behalf of the parties was heard, THIS COURT HEREBY ORDERS […]

TRANSLATION OF THE FRENCH COURT OF APPEALS DECISIONby Annie Wishingrad Los Angeles, California DECISION. ESCALANTE V. PICOT D’ALIGNY D’ASSIGNIES ARGUMENTS In closed hearing, on Monday June 1992 at 2:15 p.m.. DECISION Adversary, Procedurally, “CIRCUIT COURT”, in last resort, publicly pronounced on Wednesday July 29, 1992 by Justice BERMOND, President, who has signed with the Clerk of the Court. *** *** *** *** *** DATES AND PROCEDURE Sandra Escalante is the Appellant 1) of an Order issued by the Judge of the Matrimonial Affairs from the Tribunal of Carcassonne on March 22, 1991, qui, pursuant to the stipulation of the parties: […]

Motte v Furlanis (Grenoble, France 2000)CASE No 00/00797; No of minute 372 9 International Abduction (FRANCE 2000) =========================================================== IN THE NAME OF THE OF PEOPLE OF FRANCE CASE No 00/00797 Stamped date 30 March 2000 No of minute 372 APPELLATE COURT OF GRENOBLE CHAMBER FOR EMERGENCY ORDER DATED Wednesday 29 MARCH 2000 APPEAL of an order made by the High Court of GRENOBLE (Case No 200000773) Dated 17 February 2000, on a declaration of appeal dated 17 February 2000 and a request for emergency hearing dated 29 February 2000 APPEALING PARTY Mrs. Virginie, Francoise, Marie-Solange TSOPELS born MOTTE. Born 29 […]

FRANCE – SAID VS LEBOEUF – 2002 (Return ordered) BEN SAID v LEBOEUF. The father took five of his six children to France in violation of a temporary custody order. The court found that Israel was the habitual residence of the children and that a “grave risk” defiance fails. “Documents have been produced in hearings that the political situation in Israel has always been tense since the creation of that State in 1948” The court “orders the immediate return of the five children to the residence of their mother in Israel”. =========================================================== Ben Said vs Leboeuf [France 2002]Marseilles Regional Court […]

REPUBLIC OF FRANCEIN THE NAME OF THE PEOPLE OF FRANCE COLMAR DISTRICT COURT SECOND CIVIL DIVISION 12 Mar 1993 JUDGMENT Respondent: Mrs. Shamee, Francoise born in Mennechet, resding at 7 rue Principale, 67390, Mackenheim. Represented by her attorney, Mr. Cahn and associates, Attorneys at Colmar. Intimate and Plaintiff: THE DISTRICT ATTORNEY IN THE STRASBOURG DISTRICT COURT Intimate, and voluntary intervening party: Mr. Bishara Shamee, residing at 771 Woodbridge Drive, Bloomington Indiana. Represented by Attorney Wetzel, attorney at Colmar. Litigating Attorney Basle, attorney in Paris. COMPOSITION OF THE COURT at the time of the debates and deliberations: Madame Jardel-Lescure, President of […]

Wright v Gueriel [1993] [France] Tribunal de Grand Instance Abbeville(Somme) No 506/931 ===================================================================== TRIBUNAL DE GRAND INSTANCE ABBEVILLE (Somme) JUDGMENT OF OCTOBER 6, 1993 No 506/93 PLAINTIFF: Mr Robert WRIGHT, born 19 January, 1959 in the BRONX, NEW YORK, unemployed, US citizenship, living at 3285 Avenue, Bronx, New York 10465, USA. Represented by the firm of VAN MARIS, DUPONCHELLE and HUCLEUX, barristers of Abbeville. Assisted by Mr CORNEC, “Advocat Plaidant” Solicitor, Paris DEFENDANT: Mrs Sabine Madeleine Fernande GUERIEL, wife of Mr Wright, born September 4, 1964 at ALLENAY (Somme), living at 102 rue Torniere Represented by the firm of FIRMIN, […]

GERMANY – B V B – 1992 (Return denied based on report from The Social Welfare Office) B v B. Mother takes child to Germany, Father requests the return under the Hague Convention. Return is denied based on views of Social Welfare Officer. This decision runs contra to the intent of the Convention. (See Mr. Hilton’s footnote for contrasting decision for a child of the same age) =========================================================== Family Court of Westerburg29 Sept 1992 Docket No. 4 F 303/9@ B v. B. WMHFN -1 Petition for Reqeust for Return under The Convention on the Civil Aspects of International Child Abduction, […]

GERMANY – 1992 (1992) (court ruled it did not have jurisdiction) (Child abuse, jurisdiction) L.H. v Youth Welfare Office of Wiesbaden, R.B. and A.B. The child, which is the focus of this case is in Germany in the protection of the Youth Welfare Office. The mother seeks an order of this court awarding her sole custody of her infant daughter. The court finds that they do not have jurisdiction and that all matters should be before the German courts. =========================================================== L. H. v. Youth Welfare Office of Wiesbaden, Germany, R. B. and A. B. No. V-3651-90, 12 Mar 1992 Family […]

In re the Minority of Child (FRG 1999)Higher Regional Court Koln, 15 Nov 1999 26 International Abduction (FRG 1999) =========================================================== [line of text illegible in fax] 15 Nov 1999 Dr. Pollzien and Partner [line of text illegible in fax] [line of text illegible in fax] District Court Koln Higher Regional Court Koln Resolution in the family matter concerning the minority child [text struck out] residing with mother Parties involved: 1) the father of the child Mr. [text struck out] Plaintiff and Defendant, Plaintiff’s attorney: general state attorney for the state court, service office State Central Directory, Neuenburger Strasse 15, 10968 […]

Denis v Gerlinde [FRG 1996]District Court of Augsburg, Family Court 8 F 1491/96, Entered on 09 Oct 1996 14 International Abduction [FRG 1996] =========================================================== District Court of Augsburg Family Court Released by District Court Justice Frobel 8 F 1491/96 Entered 09 Oct 1996 In the lawsuit Supersac Jeannette (born on 06/02/1986), presently residing with her mother and grandmother. Parents: Father: Supersac Denis, La Cuiffaudiere, F-85150 Ste Flaive de Loups, France Plaintiff Person with power of attorney: Ra Martens, Ohmstr. 7. Postfach 440319, 80752, Munchen and RA Bloch, Kurfulrstendamm 42, 10719 Berlin Mother: Supersac Gerlinde, Hambacher Weg 11, 86179 Augsburg Plaintiff […]

Father v Mother (FRG 1999)Higher Regional Court of Calle 17 Dec 1999 25 International Abduction [FRG 1999] =========================================================== Higher Regional Court of Calle In the Family Matter Concerning Restitution of the Children [DEL] and Father [DEL] Defendant and Plaintiff Proceedings Representatives: Attorneys [DEL] Mother [DEL] Plaintiff and Defendant Proceedings and Service Representatives: Attorneys [DEL] Additional Claimants: Youth Office of County [DEL] Entered 17 Dec 1999 001 The 19th Civil Senate – Senate for family affairs – of the Higher Regional Court of Calle through the presiding judge of the Higher Regional Court [DEL] as the Judge of the Higher Regional […]

GERMANY – H V H – 1992 (Return denied) H v H. Mother took children to Germany. British courts ordered the children returned to Germany in 1991. The father files in Germany for the return of the children to England. The German courts deny the petition for return. They cite a report from the Welfare Officer, Children were interviewed, and the court requested a psychological report. This decision seems to be contra to the vast majority of decisions in most other Hague countries. =========================================================== Family court of Vechta05 May 1992 Docket No. 16250 – 12 F 304/91 HK H vs. […]

GERMANY – JOLIFF – 1996 (Return ordered) JOLIFF v JOLIFF. Court ordered the children returned to their father for return to the US. The court issued an order that force may be used if necessary to achieve compliance. The court further stated that if there was non-compliance, a fine might be issued by the court. Joliff and Joliff (FRG 1996)Amtsgericht Bremerhaven – Familiengericht – AZ 154 F 116/95 Case No 146977 ================================================================ Amtsgericht Bremerhaven – Familiengericht – AZ 154 F 116/95 Case No 146977 21 May 1996 – United States – RESULT: The child had to be returned to her […]

GERMANY – WATKINS – 2001 (Return Ordered) (Habitual Residence)WATKINS v WATKINS. Both parents are serving in the U.S. Military. The mother takes the child to Germany while she fulfills her military obligation. She refuses to return the child. The father, stationed in Israel applies for the child’s return to Israel. After determining that the habitual residence of the child is Israel the court ordered the return. The court also ordered the bailiff to use force if necessary to enforce his order. =========================================================== Watkins vs. Watkins (FRG 2001)District Court of Zweibruecken Docket Number 1 F 3709/00 6 International Abduction [FRG 2001] […]

GREECE – MEREDITH – 1996(Return denied) (Exception for return under article 12) MEREDITH v BASDARAS. Father removes the children from Alaska, USA to Greece. This was involution of a court order not to remove the children from Alaska. The mother applies for their return. (After two years) The Greek court, when looking at settled in, ruled that to remove them from their father will create “bitterness and psychological wounds” the children were not returned. Meredith v Basdaras (Greece 1996)Court of First Instance of Thessaloniki Nos 13601, 10582, 11908, 12942 4 International Abduction [GRC 1996] =========================================================== No 13601/1996 10582/22 Mar 1996 […]

Ruling 284Passed on 09 December 1991 by the Civil College Supreme Court Republic of Hungary I. In accordance with the law in Hungary, the removal from Hungary or the retention abroad of a child is to be considered wrongful if a/ one of the parents living together and exercising the rights of custody jointly removes the child abroad without the approval of the other parent, except for a decision by the Guardianship Authority rendering it possible; b/ in the case of parents living separate, the one having no custody rights removes the child abroad without the approval of the other […]

=================================================================Editor’s Note: This document was recevied by FAX from the Law Office of Gerald L. Nissenbaum, Boston, MA on 15 Jul 1992. It was entered by the editor and comments, as appropriate, were added. This document consists of the decision of the Court of First Instant and the appeal from that court’s order to the Court of the Capital at Buda Pest ================================================================ Translated from Hungarian Central District Court of Buda No. 2.P.I.31.588/1988/2 Petitioner No. II on the question of the Court: It requires about half a day that I take out fully the items necessary for my undertaking of […]

Tel Aviv District Court Case Number: M.A. 2898/92 Nov 1992 Before: The Honorable Justice Hayim Porat Personal Status (2) With reference to: The Hague Treaty Law (Return of Abducted Children 5751-1991) And with reference to Minors: 1. R. F. Born 09 Apr 81 2. S. N. F., Born 19 Sep 82 3. R. L. F., Born 28 Aug 85 Petitioner: S. (S.) F. Respondent: S. A. (S.) F. M. Argued by: Attorney Edwin Freedman – for the petitioner Attorney Y. Ben Menashe – for the respondent JUDGMENT FN 01 The Proceedings 1. The proceeding is a father’s request dated 16 […]

STATE OF ISRAEL IN THE SUPREME COURT OF ISRAEL SITTING AS A HIGH COURT OF JUSTICE Before Justices Barak, Matza and Heshin A v. B [Summary of Decision WMHFN-1] 24 May 1992 Habeas corpus petition by father for the return of his daughter aged seven who had been taken to the United States by her mother in July of 1991 with the father’s consent, but retained there subsequently against his wishes. The Court held that, prima facie a habeas corpus order could be issued in such circumstances, i.e. where the mother’s custody became illegal even though the original taking of […]

ISRAEL – BITON – 1997 (Return ordered) BITON v BITON. The mother takes the child to Israel. The father applies for return to California, USA. The court ordered the return of the child. =========================================================== Biton and Biton (Fam.Ct. 1997)Family Court for Tel Aviv & Central Dist. No. 89340-kaf/97 17 International Abduction [ISRAEL 1997] =========================================================== Family Court for the Tel Aviv and Central Districts Case Number 99340-kaf/97 25 Dec 1997 Before: the Honorable Judge Y. Shtufman. In re Hague Convention Law (Return of Abducted Children), 5751-1991 The Plaintiff: Yaakov Biton, Israeli Passport No. 438069 Represented by: Attorney Edwin Freedman 40 Enso […]

ISRAEL – COHEN – 1992 (Return ordered) COHEN v COHEN. The mother removed the child to Israel. The father applied for the return under the Hague Convention. The court ruled that there was a wrongful removal and that the habitual residence was the US. The child was ordered returned. =========================================================== STATE OF ISRAEL DISTRICT COURT OF TEL AVIV Before the Hon. Judge Porat Cohen v. Cohen [Summary of Decision WMHFN-1] [Note: The Ministry of Justice advises that an appeal has been filed in this matter. Letter of 17 Sep 1992] 25 May 1992 The parents originated from South Africa, and […]

ISRAEL – GUNSBURG – 1993(2) (Return ordered on appeal) (One year filing deadline) GUNSBURG v E. GREENWALD and Dr. A. GREENWALD. After failing to appear before the court in New York several times, the court issued Warrant of Arrest against the mother. The custody of the child was given to the father. The father learned that the mother and child had gone to Israel. The father applied in Israel for the child’s return pursuant to the Hague Convention Law (1991-5751) which gives validity to the Hague Convention in Israel. The District court denied the fathers petition to return the child. […]

In the Supreme Court of Israel, JerusalemCivil Appeal 5532/93 Dr. David Gunsburg Applicant v. 1. Elana Gayle Greenwald > Respondents 2. Dr. Alan Greenwald Decision Applicant’s request for relief under the Hague Abduction Convention was dismissed by the Jerusalem District Court. Applicant appealed to the Supreme Court and was granted exemption from security for costs and from court fees, which the respondents contested. The Registrar of the Supreme Court ruled that under the provisions of the Hague Convention, granting of exemption both from security and from payment of fees on an appeal was mandatory. He relied on Articles 22 and […]

ISRAEL – IN V AS – 2001 (2001) (Return Ordered) I.N. v A.S. The father took the child from Sweden to Israel. The mother files for the return. The court ordered the return. Case was handled in six days. (See comments by Mr. Hilton) =========================================================== I.N. v A.S. et al [Israel 2001]Family Court of Haifa No 34970/01 16 International Abduction [Israel 2001] =========================================================== (TRANSLATION FROM HEBREW) IN THE FAMILY COURT FOR HAIFA JUDGE AVIDAN GLOWINSKY NOVEMBER 28th, 2001 FILE NUMBER 34970/01 IN THE MATTER OF THE MINOR GIRL N.Z. FINNISH PASSPORT No . DATE OF BIRTH 10.15.88 PLAINTIFF: I. N. […]

ISRAEL – ISSAK – 1986 (Return ordered) ISSAK v ISSAK. The mother takes children to Israel. The father requests the return of the children under the Hague Convention. The children are ordered returned to New York, USA. Court costs of $16,098 were awarded to the father. ================================================================ STATE OF ISRAEL – LAWCOURTS WMH FN1 DISTRICT COURT – TEL AVIV March 3, 1993 Number: Personal Status 5382/92 Before: Hon. Justice Chaim Porat P.S.5382/92 In re: Hague Convention (Return of Abducted Children) Law, 5751-1991 In re: The minor (m.) Daniel Issak, born November 11, 1981. The minor (f.) Shira Issak, born August […]

ISRAEL – LEIBOVITZ – 1993 (Return denied on appeal) (Acquiescence) LEIBOVITZ v LEIBOVITZ. While the father was on a visit to Israel, the mother took the child to Israel without the father’s knowledge. When the father learned of the arrival he proceeded to protect his rights in the Israeli courts. The father applied for the return of the child to California, USA. The District Court granted the father’s request. The mother appealed. The appeals court held that the father actions constituted “acquiescence” to the removal by not applying the Hague Convention for ten months. (See Mr. Hilton’s footnotes) =========================================================== Leibovitz […]

ISRAEL – TOURNAI V MECHOULAM (Return ordered) TOURNAL v MECHOULAM. Mother takes child to Israel. Court orders the child returned to France, but places a stay for 7 days to allow the mother to appeal to the Supreme Court. The Supreme Court up held the District courts order and dismissed the mother’s application for a further stay. ========================================================== STATE OF ISRAEL IN THE SUPREME COURT OF ISRAEL Before the Honorable Justice Shoshana Netanyahu Penina Tournai v. David Mechoulam [Summary of Decision WMHFN-1] 15 Apr 1992 A child, aged 6 years, was abducted by his mother from France, and brought by […]

ITALY – 1996 (Return denied) AUSTIN v SORRENTINO. The mother took the child to Italy without the fathers consent. The court ruled that the habitual residence of the child was the US. However they also ruled that the father was not exercising his custodial rights at the time of the removal, therefore it was not a wrongful removal under the Convention. ================================================================= Austin v Sorrentino (Italy 1996)Venice Juvenile Court, 27 Jun 1996 ================================================================= VENICE JUVENILE COURT The Juvenile Court, in Chambers composed of the following Judges: Presiding Judge: Lucieno Fiscon Judge: Valeria Zancan Judge: Savio Stocco Judge: Maria Luisa Levi […]

C. v C. (S.) (Italy 1996) WMH FN1Trieste Juvenile Court: Chronological No xxx Docket Number xxx ================================================================= Chronological No. xxx Docket No. xxx TRIESTE JUVENILE COURT THE TRIESTE JUVENILE COURT IN CHAMBERS, PRESENT THE FOLLOWING JUDGES: Dr. Alessandra Bottan Griselli President Dr. Anna Maria Assanti Referring Judge Dr. Franca Ammione Honorary Judge Dr. Andrea de Manzini Honorary Judge upon reading the documents regarding the minors, C. C. and A. C., born in New York respectively on 1993 and 1994, residing at NY; issued the following DECREE Upon reading the Juvenile Court decree dated 8 May 1996 which temporarily prohibited M. […]

Italy – Canetti vs Thorpe – 199 (Article 15) CANETTI v THORPE. The Father applies to the English court for the return of the child from England. The English court issued an order asking the Italian court to provide an article 15 declaration attesting to weather the minor child is being wrongfully retained out of the Italian jurisdiction. The Italian court declared that the child was not wrongfully retained out of the Italian jurisdiction pursuant to article 3 of the Convention. =========================================================== Canetti vs Thorpe (Italy 1999)Milan Juvenile Court No 74/99 27 International Abduction (Italy 1999) =========================================================== [TRANSLATION] MILAN JUVENILE […]

Italy – Canetti vs Thorpe – 1999(Article 15) (On appeal) CANETTI v THORPE.The Italian court declared that the child was not wrongfully retained out of the Italian jurisdiction pursuant to article 3 of the Convention. The father appeals the decision of the court. The court “rejects the appeal filed by Mr. Mirko Canetti against the decree of the Milan Juvenile Court dated March 24, 1999”. =========================================================== Canetti vs Thorpe (Italy 1999)Milan Court of Appeals 28 International Abduction (Italy 1999) =========================================================== MILAN COURT OF APPEALS SECTION FOR MINORS In Chambers with the following Judges: Dott. Camillo Passerini President Dott. Carlo Maria […]

ITALY – COLLI – 1996 (Return denied while an “appraisal is run”) COLLI v COLLI. The court did not order the children returned, but rather ordered an appraisal to better understand the relationship between the mother and father. This “runs contra to the express purpose of the Convention, which is to return a child to his or her ‘habitual residence’ (clearly the UK here) and let the courts of the ‘habitual residence’ hear evidence on the merits of the case” (See Mr. Hilton’s footnotes) ================================================================== Colli v Colli (Italy 1996)Turin Juvenile Court, 28 Dec 1996 ================================================================== TURIN JUVENILE COURT The […]

.ITALY – DORFMAN – 2002 (Return Ordered) DORFMAN v DORFMAN The mother takes the children to Italy. The father applies for their return. The court ruled that the children were wrongfully removed and that the father was exercising his rights of custody at the time of removal. ========================================================== Dorfman v Dorfman (Italy 2002)Trieste Juvenile Court No 57/2002 04 International Abduction [ITALY 2002] ========================================================== TRIESTE JUVENILE COURT No. 57/2002 18 Mar 2002 The Court, in Chambers with the following Judges: Alessandra Bottan President Silvia Balbi Judge Luciano Peloso Honorary Judge Franca Armione Honorary Judge issued the following DECREE 001 We reviewed […]

ITALY – ROCHFORD – 1999 (Return ordered) Rochford v Rochford The mother removed the child from England to Italy. The court ruled that the habitual residence of the child was England and that the removal was unlawful. The court ordered the child returned. =========================================================== Rochford and Rochford (Italy 1999)Juvenile Court of Rome N. 2450/98 E 1 International Abduction [Italy 1999] =========================================================== Nr. 2450/98 E JUVENILE COURT OF ROME (decree pursuant to art. 7 Law 15.1.94 n. 64 international child abduction) The Juvenile Court in Rome, in Chambers, with the following Judges: Luigi Fadiga Pesident Alessandro Sorge Judge Vittoria D’Agostino Honorary […]

Thursday, 19 Sep 1996 Home Edition Section: Life & Style, Page: E-1 LOST IN A LOOPHOLE: Foreigners Who Are on the Losing End of a Custody Battle in Japan Don’t Have Much Recourse By: EVELYN IRITANI TIMES STAFF WRITER TOKYO – When Walter Benda left for work at a Japanese trading company that July morning in 1995, his wife, Yoko, and two daughters accompanied him to the front door and bid him farewell. Unusual, perhaps, but nice. Not the kind of thing a father would object to. Only when Benda returned that evening and noticed the empty space at the […]

MAURITIUS – JORDAN – 1999 (Return Denied) The mother decides not to return to the United States with the two children. The father applies under the Convention for their return. The Supreme Court of Mauritius took in to consideration the “tender age of the children” and the fact that the mother was not prepared to go back to America. Comment by WM. Hilton: “The Supreme Court of Mauritius, for a second time, finds that, as a matter of law, The Convention does not apply since it has not been implemented as a matter of local law. The court also seemed […]

MAURITIUS – PIERCE – 1998 (Return Denied) (See comments by W. Hilton, 20 Apr. 2000) PIERCE v PIERCE. “The Supreme Court of Mauritius finds that, as a matter of law, The Convention does not apply since it has not been implemented as a matter of local law. When The Convention was put into effect in Mauritius, it was hoped that the Mauritian Supreme Court would, in future cases, follow the reasoning of Prof. Elisa Perez-Vera in the “Explanatory Report which states;”The practical application of this principle requires that the signatory States be convinced that they belong, despite their differences, to […]

MEXICO – HERNANDEZ – 2000 (Return ordered) HERNANDEZ v LOPEZ. Mother applies for return from Mexico under the Hague Convention. The court returned the child to the authorities of California. W.M. Hilton foot notes: “It is implicit in actions under The Convention that the courts of all contracting states have equal dignity and that this is an accepted legal position once a country becomes a contracting state. If this were not so then the Convention would not have any validity. The Mexican court recognizes that the sole issue before it is whether or not the child should be returned to […]

Netherlands – 1990(Return ordered) The mother took the children to England for a visit. The father followed and the mother informed him that she wanted to end their relationship and stay in England. The father takes the children back to Netherlands. The mother applies for their return. She had gotten a court order prior to children’s removal, forbidding the children’s removal. The court ordered the child returned to England. =========================================================== DECISION of the Children’s Judge at ‘s-Hertogenbosch Districtcourt on the petition under section 12 of Netherlands Bulletin of Acts, Orders was received by the Registrar at this from: the Act […]

26 March 1993First Division Petition No. 8104 BR. (Stamp) COPY Netherlands Supreme Court Ruling in the case of Jack Clay BURGESS II, of Ohio, United States of America PETITIONER in the cassation proceedings, formerly represented by: G M M den Drijver now represented by: M J Schenk against Liesbeth SMID of Hindeloopen, DEFENDANT in the cassation proceedings, represented by: E van Staden ten Brink. 1. The proceedinas before courts inquiring into the facts On 20 September 1991 the International Legal Assistance Division of the Constitutional and Criminal Law Department of the Ministry of Justice, in its capacity as the Central […]

ATTORNEY FEES AWARD UNDER 42 U.S.C. 11607(b)(3) Notes by William M. Hilton, CFLS on 20 Jun 1998 This case involved an action under The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 [The Convention]. The issue was a removal from Israel to Los Angeles, California. There was a hearing in Los Angeles in 1997 where the Court of First Instance (COFI) ordered the return of the child to Israel and a writ proceeding in the intermediate court of appeals, second district, Los Angeles, California. The decision of the intermediate court of […]

NEW ZEALAND – 1996 (Returned ordered on appeal) (Grave risk) A v A. The mother took the child from Denmark to New Zealand. The Family Court refused to return the child sighting grave risk. This decision was over turned by the High Court stating that the Danish courts had all the information they needed to make a proper decision regarding the safety of the child. The mother appeals that decision. The court of appeal denied the mother’s application for leave to appeal and denied a stay of the High Courts order. =========================================================== A v A[1996] NZFLR 529 3 International Abduction […]

NEW ZEALAND – ESCOBAR – 1993 (Return ordered) CHILD ABDUCTION UNIT, DA’s OFFICE, CALIFORNIA (For the Father) v MOTHER. The mother took the child to New Zealand with the permission of the father and the courts. She decided not to return. The Court in California ordered the Child Abduction Unit of the DA’s Office to secure the return of the child. Acting on behalf of the father, the Child Abduction Unit applied for the return of the child under the Hague Treaty. The court ordered the child returned to the jurisdiction of the California courts. =========================================================== In the Matter of […]

NEW ZEALAND – HAYWARD – 1994 (Return ordered) HAYWARD v HAYWARD. The mother took the children to New Zealand. The father applies for their return. Mr. Hilton supported the return through an affidavit to the court. Mr. Hilton states that “no orders existed granting one or the other any rights of custody and neither parent had given the other permission to remove the children from their habitual residence of California”. Under California law both parents have “equal and co-existing rights of custody”. The Court ordered the children returned to California. The case was appealed to the High court of New […]

Lynn and Lynn (New Zealand 1995)Wellington District Court No FP (085) 354/95 ===================================================================== IN THE DISTRICT COURT FP (085) 354/95 HELD AT WELLINGTON BETWEEN LORNA JOHNSTON LYNN Applicant AND DAVID KENNEDY LYNN. Respondent. Date of Hearing: 28 June 1995 Date of Decision: 29 June 1995 Counsel: Mr D J Howman for applicant Mr J B Murray for respondent Ms S Bathgate for the child RESERVED DECISION OF JUDGE D J CARRUTHERS This is an application made under the New Zealand Guardianship Amendment Act 1991. That Act was enacted to implement the Hague Convention on the civil aspects of international child […]

NEW ZEALAND – MADDEN – 1994 (Return ordered) THE CENTRAL AUTHORITY FOR NEW ZEALAND (for the father, MADDEN) v HOFMANN: Child was taken by the mother to New Zealand. Child was ordered returned to Australia. ========================================================== NEW ZEALAND – MADDEN – 1994 (1994) (Return ordered) THE CENTRAL AUTHORITY FOR NEW ZEALAND (for the father, MADDEN) v HOFMANN: Child was taken by the mother to New Zealand. Child was ordered returned to Australia. IN THE DISTRICT COURT HELD AT CHRISTCHURCH, NEW ZEALAND FP 009/478/94 Applicant: THE CENTRAL AUTHORITY FOR NEW ZEALAND for Paul Lawrence MADDEN Respondent: Llonka HOFMANN (aka Susan HOFNIANN) […]

NEW ZEALAND – NARAINE – 1997 (Return ordered) (13b, grave risk) (Age of maturity) NARAINE v NARAINE. The mother took the children to New Zealand for a visit. The mother alleged abuse by the father. The father applies for return under the Hague Convention. The court, after testimony by a clinical psychologist, determined that the children, who have reached an age of maturity, in the courts opinion, objected to the return to the father rather than a return to England. The court ordered the return to the English Central Authority in order to secure the safety of the children until […]

NEW ZEALAND – PACICCA – 1993 PACICCA v PACICCA. The mother took the children to New Zealand. It was clear to the court that the habitual residence was New York, USA and ordered the children returned. In regards to the mother’s charge of grave risk, the court felt those matters were better left to the courts of the United States. The court sought an undertaking from the father that he would not “initiate any prosecution” in order to allow the mother to return to the U.S. =========================================================== IN THE DISTRICT COURTHELD AT NELSON 042/260/93 APPLICANT CLARA EVELYN PACICCA RESPONDENT THOMAS […]

NEW ZEALAND – WOLFE – 1993 (Return ordered) WOLFE v WOLFE. The mother removed the child from Texas, USA and went to New Zealand. The court ordered the return expressing a dissatisfaction that the two parents could not work out their differences, which the court felt was in the best interest of the child. =========================================================== IN THE DISTRICT COURTHELD AT WELLINGTON FP 743/92 BETWEEN ROBERT REESE WOLFE Applicant AND MARTA WOLFE Respondent Date of Hearing: 15 & 16 February 1993 Date of Decision: 16 February 1993 Counsel: Mr Howman for Applicant Ms Gray for Respondent Ms Mathers for Children ORAL […]

NORWAY – EL-HATEEB – 1998 (Return denied) (Age of maturity) (In Utero) EL-HATEEB v EL-HATEEB. This case involves the mother retaining the four children in Norway. The father files for their return to Israel. The court rules that the two oldest children, 14 and10, indicated they did not want to return to their father. The court felt it would do harm to separate the youngest children from their mother. W. M. Hilton: There was no showing that the Israeli courts could not or would not provide the protection that the mother and the children may have needed and there was […]

SOUTH AFRICA – SONDERUP – 2000 (Undertakings) SONDERUP v TONDELLI. The mother took the child to South Africa. The father applied for her return under the convention. The High Court ordered the return. The mother appeals to the Constitutional Court of South Africa. The court upheld the appeal in part. They issued a new order with undertakings. The child is to be returned if the warrant for her arrest is lifted by the Court in Canada. There were other undertakings. Rather extensive undertakings that would allow the mother to return with the child without fear of arrest. =========================================================== Sonderup v […]

SWEDEN – BENSON – 1998(Return denied) (Habitual residence) BENSON v BENSON. The mother retained the children in Sweden. The father applied for the transfer of the four children to the U.S. the court ruled that the habitual residence of the children is Sweden. The transfer was denied. =========================================================== Benson v Benson (County Admin. Court 1998)Skane County, Section 114 Case No 9748-98 18 International Abduction [US 1998] =========================================================== COUNTY ADMINISTRATIVE COURT IN SKANE COUNTY SECTION 114 Case No 9748-98 VERDICT 19 Oct 1998 Malmo, Sweden PLAINTIFF Greg Benson Counsel: Attorney Elias Arfwedson S:t Petri Kyrkog. 11 222 21 LUND DEFENDANT Monika […]

SWEDEN – JOHNSON – 1996(2)JOHNSON v JOHNSON Ministry of foreign Affairs response to Note # 064. (This is what you would expect) =========================================================== Johnson and Johnson (Sweden 1996)Response to United States Note No. 64 of 30 Jun 1996 7 International Abduction [SWEDEN 1996] =========================================================== MINISTRY FOR FOREIGN AFFAIRS Division for International Legal Assistance 001 The Ministry for Foreign Affairs presents its compliments to the Embassy of the United States of America and has the honour to refer to the Embassy’s note No 064 of 30 June 1996. 002 In this note “The United States strongly urges the Government of Sweden […]

SWEDEN – JOHNSON – 1996(1996) (Return denied on appeal) JOHNSON v JOHNSON. Mother appealed to the Supreme Administrative Court. The court rules that the child’s habitual residence was Sweden and the return was denied. =========================================================== Johnson and Johnson (Sweden 1996)Case No 7505-1995 6 International Abduction [SWEDEN 1996] =========================================================== JUDGMENT OF THE SUPREME ADMINISTRATIVE: COURT Case No. 7505-1995 pronounced in Stockholm on 9 May 1996 APPELLANT Anne Franzen Johnson. National identity number 500115-4300 (date of birth 15 January 1950), of Raidjursstigen 14, 171 72 Solna Representative and counsel in accordance with the Legal Aid Act: Advokat Suzanne Johanson, Norrlandsgatan 18, 11143 […]

Barlow v BarlowCanton of Solothurn, Switzerland Subject: Transport of Minors I 1. The Parties married on 03 Mar 1988 and had 3 sons, in 1988, 1989, 1990. Their last shared home was in Kernesville, NC. In 1991 the parties decided to leave the US and take up residence in Switzerland. After winding up their household affairs, the wife moved to Switzerland with the three children on 10 May 1991 and filed for divorce on 13 May 1991. The husband, who was supposed to have arrived in Switzerland one week later, therefore stayed in the US and filed a petition for […]

SWITZERLAND – KOROWIN – 1992 (Return ordered) KOROWIN v KOROWIN. The mother took the child to Switzerland for a month long visit. After one week, the mother decided she was not going to return to the United States with the child. The court ordered the child returned to the United States. =========================================================== DEPARTMENT OF STATEOFFICE OF LANGUAGE SERVICES Translating Division LS No. 138036 BL German [Translator’s note: the child’s name is variously spelled “Deven” or “Devin” throughout the document – the correct spelling not being known, the translation follows the original] District Court of Horgen ————————————————————— 4891072U/ER4SV/ez Single Judge in […]

SWITZERLAND – RAJARATNAM – 1988 (Return denied by lower court) (Return ordered on appeal)(Age of maturity) RAJARATNAM v RAJARATNAM. The mother took the two children to Switzerland. The father asked for the return of the children under the Hague Convention. The lower court denied the fathers petition bases on Article 13, Paragraph 2 (Age of Maturity). The father filed an appeal. The High Court reversed the lower court and ordered the return. The mother appeals to the Supreme Court of Appeals. The court dismissed the complaint on the merits. =========================================================== Court: District Court of Horgen and the Supreme Court of […]

SWITZERLAND – VIOLA – 1990 (Return denied) Viola v Viola. The mother took the child to Switzerland for a visit. The father was to follow at a later date. While in Switzerland, and before the father arrived, the mother filed for divorce. The father informs the court of his intention to apply for the return of the child under the Hague Convention. The trial court denied the fathers application for return. An appeal was filed against this decision. The appeals court denied the return. “A return of the child at present time would be connected with the serious danger of […]

Court: High Court of Justice, Family Division, United Kingdom Number: CA 1223/87 Applicant: Father and Respondent: Mother Date: 13 Jan 1988 ================================================================= IN THE HIGH COURT OF JUSTICE FAMILY DIVISION Royal Courts of Justice Wednesday, 13th January. l988 Before: Mr. Justice Ewbank RE ARTHUR (a minor) (Transcribed from the official court tape recording by Harry Counsell G Co., 61, Carey Street. London. WC2A 2JG.) MISS P.J. SCOTLAND (instructed by Messrs. Malkin, Cullis G Sumption) appeared on behalf of the Plaintiff. MR. M.J. POINTER (instructed by Messrs. Akerman & Co. of Worthing) appeared on behalf of the Defendant. JUDGMENT As approved […]

Re P (Minors) (UK 1997HIGH COURT OF JUSTICE – FAMILY DIVISION No. CP-1316-1997 8 International Abduction [UK 1997] =========================================================== IN THE HIGH COURT OF JUSTICE FAMILY DIVISION No. CP-1316-1997 Royal Courts of Justice Thursday, 7th August 1997 Before: MR. JUSTICE STUART-WHITE (In Chambers) IN THE MATTER OF THE CHILDREN ACT 1989 AND IN THE MATTER OF THE SUPREME COURT ACT 1981 RE P (Minors) Mr. H. Setright (instructed by M/s. Margaret Bennett Solicitors) appeared on behalf of the Applicant. Mrs. J. Roberts (instructed by Messrs Clifford Chance) appeared on behalf of the Respondent and the United States of America as […]

Re: P (Minors) (UK 1998)Court of Appeal, Civil Division, 11 Mar 1998 1 International Abduction [UK 1998] =========================================================== FC3 98/5515 CMS2; FC3 98/5520 CMS2; ?AFMI 98/0189 IN THE SUPREME COURT OF JUDICATURE IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE FAMILY DIVISION (S1R RICHARD BROWN, PRESIDENT) Royal Courts of Justice Strand London WC2 Wednesday 11 March 1998 Before: THE MASTER OF THE ROLLS (LORD WOOLF) LADY JUSTICE BUTLER-SLOSS 1QRD JUSTICE SIMON BROWN IN THE MATTER OF Re: P (Minors) MR P DUFFY OC and MR H SETRIGHT (Instructed by Messrs Dawson Comwell & Co, London WCIR 4QT […]

B v B (Abduction: Custody Rights) (C.A.)[1993] Fam. 32 Court of Appeal (Civil Division) Sir Stephen Brown, President; Leggatt and Scott L.JJ. 136 SJ LB 156, 7 May 1992 Lord Meston for the Appellant R Warnock for the Respondent Solicitors: Reynolds Porter Chamberlain Bell Lamb & Johnson, Birkenhead SIR STEPHEN BROWN: This is an appeal from a decision of Mr Justice Ewbank of 3rd March of this year. The learned judge had before him an application by a father made under the provisions of the Hague Convention which comprise Schedule 1 to the Child Abduction and Custody Act 1985. The […]

UK – BATES – 1989 (Return ordered) MOTHER v FATHER. The English nanny, with the knowledge of the father, removed the child from the United States to England. (Note, DCT: This case is an example of the speed at which The Hague can be applied if everyone does their job.) The court ruled for the return of the child to the United States. However, the court had words for both the father and mother in regards to the welfare of the child. The court also commented on the filing of “interlocutory proceedings – especially ex parte interlocutory proceedings in an […]

Court: High Court of Justice, Family Division Number: [1988] 1 All ER 652; 1 W.L.R. 526 (1988) Applicant: Mr. Bouzan and Respondent: Mrs. Bouzan Date: 7, 8, 23 Oct 1987 ================================================================= The Weekly law Report 22 April 1988 IN THE HIGH COURT OF JUSTICE, FAMILY DIVISION Royal Courts of Justice, Friday 23rd Oct 1987. B. v. B. (Minors; Enforcement of Access Abroad) 1 W.L.R. 526 (1988); 1987 Oct. 7, 8, 23 Mr. Roger Gray, Q.C. and Miss Caroline Harry-Thomas (instructed by Messrs. Gepp & Sons, Chelmsford, Essex) appeared for the Plaintiff/Mother. Mr. Allan Levy (instructed by Messrs. Richard White & […]

UK – BUCHANAN – 1998 BUCHANAN v BUCHANAN. While the mother was in the hospital, the father took the children to Edinburgh, Scotland. The mother petitions the court to “sist the whole proceedings which had been raised in Scotland”. The court ruled in favor of the father, determining that Scotland was the children’s habitual residence and not New York, USA. “There fore the court refused the mothers motion to sist the present proceedings in the Court of Session”. =========================================================== Buchanan v Buchanan (UK 1998)5 International Abduction [UK 1998] =========================================================== OPINION OF LORD MacLEAN in the cause FRANCIS BUCHANAN, Pursuer, against […]

UK – COSTA – 1991 (Access ordered) COSTA V COSTA. Father withdraws his request for return to the United States under the Hague Convention. Father seeks access. Court seeks to set up an access plan in the UK to eventually include access in the US. Court orders mother and father to share costs of visitations. Court states that the mother should contribute to expenses of any access in the US because “she is responsible for the children being wrongfully brought here in the first place” ================================================================ THE HIGH COURT OF JUSTICE CA518/91FAMILY DIVISION Royal Courts of Justice, The Strand, London […]

IN THE HIGH COURT OF JUSTICECA 1136/91 FAMILY DIVISION (IN CHAMBERS) Royal Courts of Justice Friday, l7th January 1992 Before: MR. JUSTICE EWBANK IN THE MATTER OF C. S. S. (A MINOR) AND IN THE MATTER OF THE SUPREME COURT ACT 1981 AND IN THE MATTER OF THE CHILD ABDUCTION AND CUSTODY ACT 1985 BETWEEN: J.-J. S. Plaintiff and K. S.-O. Defendant Transcribed by: BEVERLEY F. NUNNERY & CO., Official Shorthand Writers and Tape Transcribers 95A Chancery Lane London, WC2A IDT Telephone: 071 831-5627 MR. H. SETRIGHT (instructed by Messrs. Margaret Bennett) appeared on behalf of the plaintiff. MR. B. […]

UK – CURRIE – 1990 (1990) (Return denied) CURRIE v SLADE. Child born out of wedlock. Lower courts and appeals court denied return of the child from England to Australia. Removal was not wrongful because Australian law gives the unmarried mother sole custody and guardianship of her child. Court: House Of Lords Number: 3 W.L.R. 492 [1990] Applicant: Currie and Respondent: Slade Date: 26 Jul 1990 ================================================================= IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) [1990] 2 All ER 449; [1990] 2 FLR 442 ON APPEAL FROM THE HIGH COURT OF JUSTICE FAMILY DIVISION (MR. JUSTICE DOUGLAS […]

UK – CVC – 1988 (1988) (Return ordered on appeal)(Undertakings) ENGLISH MOTHER v Australian father. mother takes child to England. English Judge refused to return child to Australia. Father appealed. Appeal allowed with Undertakings. C v C (Abduction; Rights of Custody)Court of Appeal (Civil Division) Hearing Date: 14 Dec 1988 [1989] 1 FLR 403 [1989] 1 WLR 654 Minor — Custody — Enforcement — English mother and Australian father — Order of Australian court giving custody to mother — Child not to be removed from Australia by either party without consent of other — Removal by mother without father’s consent […]

UK – EVANS – 1988 (1988) (Return ordered on appeal)EVANS v EVANS. Father took one of his children to England. Lower court ordered the child returned to Australia. Father appealed. The Supreme Court of Judicature ordered the appeal dismissed. Court: Supreme Court of Judicature, Court of Appeal (Civil) Number: AD 1716 of 1988, [1989] 1 FLR 135 Applicant: Alison Kym Evans and Respondent: David Michael Evans Date: 20 Jul 1988 ================================================================= IN THE SUPREME COURT OF JUDICATURE No of Matter AD 1716 of 1988 COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE FAMILY DIVISION Royal […]

UK – H V H – 1996 (Return denied on appeal) (Acquiescence) H. v H. The mother removed the children to England. The lower court ordered the return of the children to Israel. The appeals court overturned the lower court finding that the father did in fact acquiescence. ================================================================ UK – H V H – 1996 H. v H. the House of lords reversed the decision of the appeals court and ordered the immediate return of the children to Israel. ================================================================ H v H (Child abduction: Acquiescence) (UK 1996)Times Law Report 14 Aug 1996, Page 33, Court of Appeal ================================================================ […]

UK – IN RE A – 1987 (Return ordered) Father v Mother, Mother takes child to England. Lower court ordered child returned to Canada. He suspended the order by consent of terms, which were agreed to by both parties. Mother later appeals the order for return. Appeals Court dismissed the appeal. ================================================================= Court: Court of Appeal (Civil Division) United Kingdowm Number: Unknown Applicant: Father and Respondent: Mother Date: 10 Jun 1987 ================================================================= In re A (a Minor) Court of Appeal (Civil Division) The Times 13 Jun 1987 Hearing-Dates: 10 Jun 1987 Counsel: R. Johnson, QC and P. Stewart for the […]

UK – IN RE A – 1992(1992) (return denied on appeal)(Acquiescence) Child is taken to England. Child is ordered returned by the lower court. Mother appeals, appeal allowed. The case was sent to the “High Court for consideration whether the child should or should not be returned to the jurisdiction of the German courts”. The appeals court decision runs contra to the Convention. (see Mr. Hilton’s footnotes) =========================================================== In re A (a Minor) (Abduction: Acquiescence)Life & Times 25 Aug 1992 — Court of Appeal Law Report [United Kingdom] Before Sir Donald Nicholls, Vice Chancellor, Lord Justice Butler-Sloss and Sir Michael […]

UK – IN RE A AND OTHERS – 1992 (1992) (Return denied on appeal)(Abduction and Acquiescence) Mother removed children from Australia to England. Lower court ordered the return of the two children to Australia. Mother appealed. Appeal allowed, returned denied. Re A and another (minors) (abduction: acquiescence)[1992] 1 All ER 929, CA [1992] Fam. 106 COURT OF APPEAL, CIVIL DIVISION LORD DONALDSON OF LYMINGTON MR BALCOMBE AND STUART-SMITH 12 FEBRUARY 1992 Minor – Custody – Rights of custody – Foreign custody rights – Wrongful removal or retention – Acquiescence – Mother secretly moving children from Australia to England and then […]

UK – IN RE G – 1993(ARTICLE 21 ACCESS) The mother had been allowed by the Canadian Court to return to England with the child, but had directed specific access to the father to take place in Canada. After returning to England, mother refused to comply with the access arrangements. English Court ordered that access should take place in England. The Appeals Court questioned what weight an access order form one State Party had on the other State Party. Questioned the enforceability of such orders. ========================================================== 36 THE TIMES LAW REPORT WMH FN-126 Jan 1993 Court of Appeal In re […]

In re H and Others (Minors) (UK 1997)[1997] House of Lords, 10 Apr 1997 2 International Abduction [UK 1997] ========================================================+++ HOUSE OF LORDS OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE In re H and Others (Minors) Oral Judgment: 11 November 1996 Reasons: 10 April 1997 Decision by Lord Browne-Wilkinson Concurrence by: Lord Jauncey of Tullichettle, Lord Mustill, Lord Hoffmann and Lord Clyde. 001 In this appeal three young children were removed by their mother, the respondent, from their home in Israel and brought to England without the consent of the appellant, their father. Some six months […]

UK – IN RE N – 1995 (Ordered that the child be taken into custody should the father and child set foot in England) US MOTHER v IRAQI FATHER. Father removes the child to Iraq. The California court had ordered that the child not be removed from CA without the permission of both parents or by leave of the court. Court ordered the father to return the child forthwith. Father agrees to come to England to discuss the future. Mother applies to have the child turned over to her when the father arrives in England. The question before the court […]

UK – IN RE S 2 – 1994 (Return ordered) (Non Convention case). The mother took the youngest of three kids to England with out the fathers knowledge. The father applied for their return under Children’s Act of 1989. (Pakistan was not a signatory of the Hague Convention) The court decided that the children should go straight back to Pakistan. The mother appealed. The Court of Appeals held that “it was settled law that the court must apply the philosophy of the Hague Convention in non-Convention cases” the appeal was dismissed. =========================================================== UK – IN RE S 2 – 1994 […]

UK – IN RE T – 1993 (Custody rights) (Access) The father applied under Article 21 for an order that the mother “take all necessary steps to facilitate access to his three children pursuant to an order of the Superior Court of the state of California” The application was dismissed. The court stated “It is not correct procedure for the central authority to issue an originating summons in the circumstances of the present case, since article 21 confers no jurisdiction on a court to determine matters relating to access or to recognize and enforce foreign access orders, the role of […]

UK – JOHNSON – 1998 JOHNSON V FOWLER-WINNING. =========================================================== Johnson and Fowler-Winning (UK 1998)High Court of Justice, Family Division, CA 114 of 1997 13 International Abduction [UK 1998] =========================================================== IN THE HIGH COURT OF JUSTICE FAMILY DIVISION Royal Courts of Justice Strand, London WC2A 2LL Tuesday 24 Mar 1998 Before: THE PRESIDENT (Sir Stephen Brown) BETWEEN: ) ) Colin Duncan Johnson ) Case Number Plaintiff ) CA 114 of 1997 ) and ) ) Samantha Claire Fowler-Winning ) Defendant ) _________________________________) MR. H. SETRIGHT (instructed by Messrs. Bindman Partners of London) appeared as Counsel on behalf of the Plaintiff. MISS […]

UK – KILGOUR – 1986 (Return denied) KILGOUR v KILGOUR. (In Scotland, The Child Abduction and Custody Act of 1985) (In Canada, The Children’s law Reform Act of 1982) Mother takes the children to Scotland. Court rules against the return, stating that “I do not however consider that these actions or their consequences are controlled by the Convention in the present case, having regard to the date from which the Convention came to have the force of law in the United Kingdom” Children taken on or about January 1986. The Convention went in to affect between Canada and United Kingdom […]

Court: High Court of Justice, Family Division, United KingdomNumber: CA 522 of 1987. Applicant: Mother and Respondent: Stephen Robert Duncan Date: 29 Jan 1988 ================================================================= THE HIGH COURT OF JUSTICE, Case No: CA 522 of 1987. FAMILY DIVISION Royal Courts of Justice Friday, 29th January, 1988. Before: MR. JUSTICE WOOD Re: DUNCAN (minor) (CHILD ABDUCTION and CUSTODY ACT, 1985). Transcribed from the Official Court Tape by Barnett, Lenton & Co., 46/47 Chancery Lane, London, W.C.2). Mr. EVERALL (instructed by Messrs. Hatchett Jones & Kidgell) appeared as Counsel on behalf of the Plaintiffs. MR. M. TAYLOR appeared on behalf of the […]

RE A (Wardship: Jurisdiction)[1995] 1 FLR 767 4 International Abduction [UK 1995] =========================================================== RE A (WARDSHIP: JURISDICTION) Family Division Hale J 21 December 1994 001 Jurisdiction – Wardship proceedings – Child sent to Pakistan in 1994 – Reason for child being in Pakistan disputed by parents – Mother issuing application for wardship and return of child to England – Whether child habitually resident in Pakistan 002 The child was born in England but had lived in Pakistan since 1994. An order was made in wardship proceedings that the mother should have interim care and control of the child and the […]

UK – RE A – 1995 (Return denied) (habitual residence) AMERICAN FATHER v ENGLISH MOTHER. The parents were living on a US navy base in Iceland. The mother took the children to England. A Michigan court had ordered the mother not to remove the children from the US Naval base. The father applies for their return to Michigan. The mother contends that the children were habitual residences of Iceland, a non-Hague country. The court ruled that Iceland was the habitual resident of the children and because Iceland was not a signatory of the Convention, the Convention did not apply. The […]

UK – RE AZ – 1993 (1992) (Return denied on appeal) This is the decision of the appeals court for the above case, Intra3_uk.txt. Re AZ (A Minor)(Abduction; Acquiescence)l [1993] 1 F.L.R. 682 2 International Abduction [UK 1993] =========================================================== Re AZ (A Minor)(Abduction; Acquiescence) Court of Appeal Sir Donald Nicholls V-C, Butler-Sloss LJ and Sir Michael Kerr 29 Jul 1992 Child abduction – Acquiescence – Child wrongfully retained and cared for by mothers sister – Whether father acquiesced in child’s retention – Whether father having sufficient knowledge of rights for acquiescence to be established -Hague Convention on the Civil Aspects […]

RE B. (A MINOR) (ABDUCTION) (UK Court of Appeal 1994)[1994] 2 FLR 249, [1994] Fam Law. 606, [1995] 2 FCR 505 ================================================================= RE B. (A MINOR) (ABDUCTION) Court of Appeal (Civil Division) [1994] 2 FLR 249, [1994] Fam Law. 606, [1995] 2 FCR 505 HEARING DATES: 29 Apr. 1994 CATCHWORDS: Child abduction — Hague Convention — Child living in Australia — Father agreeing to removal of child to stay with mother in Wales for 6 months — Mother not returning child — Father applying for child to be returned to Australia under Hague Convention — Whether father had ‘rights of […]

UK – RE E – 1999(Return ordered) (Non-Convention Country) (Muslim Law) the mother took the three children to England. The father applies for their return. The court orders the children returned to Sudan. The mother appeals, the appeal is dismissed. Court held that “the application of Muslim law to this Muslim family was appropriate and acceptable”. =========================================================== Re E (Abduction: Non-Convention Country)[1999] 2 FLR 642 12 International Abduction [UK 1999] =========================================================== RE E (ABDUCTION: NON-CONVENTION COUNTRY) Court of Appeal Stuart-Smith, Pill and Thorpe LJJ 24 June 1999 001 Abduction — Non-Convention country – Welfare of child – Muslim law – […]

UK – RE F – 1990 (Return ordered on appeal) (Return to a non-Hague Convention Country) Mother asks for the return of the child to Israel. Israel was not a signatory of the Hague Convention. The English court gave interim control and care to the father and ordered the mother not to remove the child from the courts jurisdiction. The mother appeals the decision. The mother’s appeal was allowed. The child was ordered returned to Israel. This case relied on practices which the Australian courts have adopted. ========================================================== Re F (Minor: Abduction: Jurisdiction)[1990] 3 All ER CA 97 [WMH Note […]

In re H (Minors) (Abduction: Custody RightsIn re S (Minors) (Abduction: Custody Rights [Consolidated Appeals] [United Kingdom 1991] [1991] 2 AC 476, [1991] 3 All ER 230, [1991] 3 WLR 68, [1991] 2 FLR 262, [1991] Family Law 427, 1992 [1 FCR 45 Lord Donaldson of Lymington M.R. Stuart-Smith L.J. and Sir Roger Ormrod 23, 27 Jul 1990 Lord Bridge of Harwich, Lord Brandon of Oakbrook Lord Griffiths, Lord Oliver of Aylmerton and Lord Jauncey of Tullichettle 07, 08 May; 13 Jun 1991 Minor — Custody rights — Breach — Children resident in Ontario and California in mothers’ custody — […]

Re H (Minor: Abduction)Family Division [1990] 2 FLR 439, [1990] FCR 990 Date: 16 Jan 1990 CATCHWORDS: Child abduction — Mother granted interim custody of child by Canadian court — Mother taking child to England without obtaining necessary leave of court — Whether removal of child a breach of rights of custody attributed to a person, institution or other body — Whether removal wrongful — hague Convention on the Civil Aspects of International Child Abduction, Art. 3. HEADNOTE: The mother and father of a child had lived together in Canada. They separated an an order was made by an Ontario […]

UK – RE M – 1996 (1996) (Habitual residence) This was before the court on appeal. Lower court had said that the habitual residence was England and Wales and ordered the child returned from India. The appeals court found for the father and determined the habitual residence was India. In re M (a Minor) (Habitual Residence) (UK 1996)Court Of Appeal, Times Report 03 Jan 1996 ================================================================= In re M (a Minor) (Habitual residence) Before Lord Justice Millett and Lord Justice Balcombe [Judgment December 20, 1995] A dispute over a child’s habitual residence under the Hague Convention on the Civil Aspects […]

UK – RE M – LONDON TIMES – 1994 (Return of the children affirmed) (Undertakings) The Court of Appeals upheld the decision of the lower court that had ordered the return of children to Israel. The court stated that “Undertakings attached to an order for return of a child under the Convention were designed to protect the child for the limited period before the foreign court took over and were not to be used to fetter or delay the enforcement of the decision to return the child” =========================================================== In re M (Minors) (Child abduction: Undertakings)Court of Appeal [The London Times […]

UK – RE M AND J – 1999(return ordered) (Judicial Collaboration) (Undertakings) Re M and J. Great Grandmother files for the return of the two children to the US. The judge, by collaborating with the American DA and courts, was able to order the return of the children while safeguarding the welfare of the children. Note: Bill Hilton, “This is the second known case under the Convention where judicial collaboration has been used. The first being Diab vs Benoit (Canada 1996)” ======================================================= Re M and J (Abduction: International Judicial Collaboration)[1999] High Court of Justice CA 86 of 1999 11 International […]

UK – RE O – 1997 (Return to U.S. denied in Sweden, return to Sweden ordered in England) The mother takes the children to Sweden. The father applies for their return. Return denied under article 13(b). The father files an appeal and the appeals court reserved its judgement. The father then abducted the children from Sweden and was stopped at the airport in England. The father applies to the English court for the return of the children to the U.S. The mother applies for their return to Sweden. The English court ordered the children returned to Sweden. The father did […]

UK – RE P – 1995 (Article 15) (Jurisdiction) Mother takes child to California. Father filed for the return under the Hague Convention. California decided not to accept the convention application due to a letter given the mother granting her permission to leave England with the child. Father advised to seek declaration from the English court that the removal was wrongful. Courts had to decide if the English courts had jurisdiction to make such a declaration. The mother appealed the declaration, the appeal was dismissed. =========================================================== Re P (Abduction: Declaration) (UK 1995)[1995] 1 FLR 831 Court of Appeal, 09 Feb […]

UK – RE S – 1992 (Return ordered) (Non Convention case). The mother took the youngest of three kids to England with out the fathers knowledge. The father applied for their return under Children’s Act of 1989. (Pakistan was not a signatory of the Hague Convention) The court decided that the children should go straight back to Pakistan. The mother appealed. The Court of Appeals held that “it was settled law that the court must apply the philosophy of the Hague Convention in non-Convention cases” the appeal was dismissed. =========================================================== Re S (Minors) (Abduction)Court of Appeal Balcombe and Nolan LJJ […]

UK – RE S – 1993 (Return ordered) The mother and father went to England on scholarships, both are scientists. The mother refused to return the children after their time in England was over. The father applied for their return. The court ordered the children returned to Israel. The decision was up held on appeal. =========================================================== Re S (a minor) (abduction)[1993] 2 All E.R. 683 4 International Abduction [UK 1993] =========================================================== Re S (a minor) (abduction) [1993] 2 All E.R. 683 COURT OF APPEAL, CIVIL DIVISION 16 Jun 92; 17 Jun 92; 07 Jul 92 GLIDEWELL, BALCOMBE LJJ AND BOREHAM […]

Re S (Minors) (Abduction: Acquiescence) (UK 1994)[1994] 1 FLR 819, [1994] Fam Law 424, [1994] 2 FCR 945 ================================================================= RE S (MINORS) (ABDUCTION: ACQUIESCENCE) Court of Appeal [1994] 1 FLR 819, [1994] Fam Law 424, [1994] 2 FCR 945 HEARING-DATES: 3 February 1994 CATCHWORDS: Child abduction — Acquiescence — Mother removing children wrongfully from country of habitual residence — Father failing to take proceedings under Hague Convention for 8 months because of erroneous legal advice — Whether father’s inactivity constituting acquiescence — Hague Convention on the Civil Aspects of International Child Abduction 1980, Art 13(a), as enacted by the Child […]

UK – RE S – 1997 (Habitual residence) This case is a question of habitual residence. Mother and father were not married. The mother is resident in England when she dies. The maternal Grandmother and Aunt take the child back to Ireland. The court rules that England is the habitual residence and the removal of the child was unlawful. ========================================================== In re S (A Minor) (UK 1997)House of Lords – 24 Jul 1997 19 International Abduction [US 1997] ========================================================== House of Lords In Re S (A Minor) (1997) Lord Goff of Chieveley Lord Slynn of Hadley Lord Nolan Lord Nicholls […]

UK – RE V – 1995 (Return denied) GREEK FATHER v ENGLISH MOTHER. The father and mother both shared two residences, one in London, England and the other in Corfu, Greece. Both parents went to London for the winter and Corfu in the tourist season. The father went back to Corfu and the mother, unknown to the father did not follow, but rather stayed in London and started divorce proceedings. The father filed for return. The court ruled that the parents had in fact two habitual residences, London and Corfu. The court ruled that “concurrent habitual residence was a concept […]

UK – S – 2002 (Return Ordered)(Grave Risk) (Return to a country at war) (Intolerable Situation) “S” A Child. This case is on appeal from the High Court of Justice Family Division. The mother had taken the child from Israel. The family court ordered the return of the child to Israel. The mother claims grave risk to herself and the baby if they are returned to Israel due to the war like conditions. Also the child would suffer without the “day to day care of the defendant”. The appeal was denied. =========================================================== “S” (A Child) [UK 2002]Case No: B1/2002/0795 & […]

UK – VIOLA – 1987 (1987) (Return ordered) VIOLA v VIOLA. Mother took the child to Scotland. The court ordered the child back to Canada. ================================================================= Court: Scotland Number: 1988 SLT 8 (Outer House) Applicant: Vincenzo Viola and Respondent: Lynn Viola Date: 20 Feb 1987 ================================================================= OPINION OF LORD McCLUSKEY in Petition of VINCENZO VIOLA for an order for the return of ALANA MARIE VIOLA Act: Brailsford Stuart & Stuart Alt: Francis Drummond & Co. 20 February 1987 This is is a petition brought in the name of Vincenzo Viola, a Canadian Citizen. He married Lynn Alexander or Viola, the […]

UK – ZENEL VE HADDOW – 1993 (Return Denied) (Consent) ZENEL v HADDOW. The mother took the child to Scotland. The father applies for the return under the convention. The mother and father were not married. The lower court ruled that the father had consented to the mother and child’s return to Scotland if things did not work out. The decision of the court of First instance was upheld on appeal. =========================================================== UK – ZENEL VE HADDOW – 1993 (1993) (Return Denied) (Consent) ZENEL v HADDOW. The mother took the child to Scotland. The father applies for the return under […]

UK — RE J – 1989(Wrongful removal, Article 15) FATHER V MOTHER. The Father asks the English courts for a declaration that the removal of the child from the UK was wrongful within the meaning of article 3 of the convention. The court granted the declaration. ================================================================= Court: Family Division Number: 3 W.L.R. 825 (1989) Applicant: Father and Respondent: Mother Date: 24 & 25 May and 19 Jun 1989 ================================================================= In re J. (Abduction: Ward of Court) 3 W.L.R. 825 (1989) [1989] 3 All ER 590 [1989] Fam. 85 Minor–Removal from Jurisdiction–Ward of court–“Rights of custody”–Mother removing ward from jurisdiction–Father […]

Korn v Korn [US 2002]10th Judicial Circuit of Alabama Civil Action Number DR 01 1348 RAF 01 International Abduction [USA 2002] ======================================================== CIRCUIT COURT Tenth Judicial Circuit of Alabama Civil Action Number DR 01 1348 RAF MICHAEL KORN ) FILED IN OPEN COURT ) 25 JAN 2002 Plaintiff ) R. A. Ferguson ) Circuit Judge Vs. ) ) Katerina Korn, ) ) Defendant ) FINAL JUDGMENT OF DIVORCE 001 THIS CAUSE came on for trial the 17th day of December 2001 and continued day by day and concluded on December 20, 2001 and submitted to the Court for a final […]

USA – AUBRY – 1991 (Jurisdiction) (Return ordered, child not present) AUBRY v AUBRY. The mother took the child to Switzerland without the father’s knowledge. The father asked the U.S. court for custody and the return of the child. The court must determine if they can make such an order and do they have jurisdiction in this matter. The court found that it did have jurisdiction over the child. The court gave temporary custody to the father and ordered the mother to return the child to the father. The mother was served with this order in Switzerland. =========================================================== AUBRY v. […]

In re the Marriage of Condon (Cal.App. 2 Dist 7 Div 1998)— Cal.App.4th — 2 International Abduction [USA 1998] =========================================================== Filed 3/23/98 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN In re the Marriage of CHRISTOPHER and DEBORAH COOPER CONDON. B103574 CHRISTOPHER CONDON, (Super. Ct. No. BD168281) Appellant, v. DEBORAH ANN COOPER, Respondent. APPEAL from a judgment of the Superior Court of Los Angeles County. Robert A. Schnider, Temporary Judge. (Pursuant to Cal. Const., art VI,  21.) Affirmed in part, reversed in part, and remanded with directions. Christopher Condon, […]

Nadarajan M. v. Sandra W. (Cal.App. 2 Dist 1 Div 2002)B155305 ================================================================ Filed 20 Nov 2002 NOT FOR PUBLICATION California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE B155305 (Super. Ct. No. BH 001509 NADARAJAN M., Plaintiff and Appellant, v. SANDRA W., Defendant and Respondent. APPEAL from an order […]

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 12 Mar 2003 Number B157977 (Super. Ct. No. BD 343702) CERTIFIED FOR PUBLICATION 106 Cal.App.4th 129 In re the Marriage of: | | AHARON ABARGIL and MICHAL | ULTMAN ABARGIL. | | AHARON ABARGIL, | | Appellant, | | v. | | MICHAL ULTMAN ABARGIL, | | Respondent. | APPEAL from a judgment of the Superior Court of Los Angeles County. John H. Sandoz, Judge. Remanded. Leslie Ellen Shear for Appellant. Honey Kessler Amado for Respondent. Appellant Aharon Abargil appeals from the judgment allowing […]

Bickerton v Bickerton (California 1991)Contra Costa County Superior Court No. 91-06694 2 International Abduction [USA 1991] =========================================================== SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA Number: 91-06694 Applicant: Larry Earl Bickerton and Respondent: Beverly J. Bickerton Judge: Hon. Patricia K. Sepulveda Date: 17 Jul 1991 =========================================================== WMH NOTE: The relevant facts of this case are as follows: The parties and children lived in Canada from the children’s birth to 04 Jul 1986. At that time the parents entered into a written separation agreement which was never made an order of any court. The children then spent Jul […]

Brown v Brown (Cal.App. 4 Dist 3 Div 1999)—- Cal.App.4th —- G 021199 2 International Abduction [US 1999] =========================================================== IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Certified for Publication 13 Apr 1999 G021199 (Super. Ct. No. 94 P 0063) FILED 31 Mar 1999 Stephen M. Kelly, Clerk JOHN L. BROWN, Plaintiff and Appellant, v SHELLEY ANN BROWN, Defendant and Respondent. OPINION Appeal from an order of the Superior Court of Orange County, Robert D. Monarch, Judge. Affirmed. Johnson & Flyer and David R. Flyer for Plaintiff and Appellant. Irene Casson Gilbert and […]

USA – CA – CSOKA – 2000(Return Ordered, Return Upheld on Appeal) CSOKA v SCOTT-ROBSON. The superior court ordered the child returned to Sweden, The mother appeals the decision of the superior court. The appeals court states” We find no reasonable probability that petitioner will prevail on appeal on her claim that the child will be exposed to ‘a grave risk of harm’ if the order is affirmed, or on any of her other claims. We also find that she has adequate legal forum in the Swedish courts” =========================================================== Csoka v Superior Court (Scott-Robson)(Cal.App. 4 Dist 3 Div 2000) 4 […]

In re Marriage of Dick (Cal.App. 2 Dist 4 Div 1993)15 Cal.App.4th 144, 18 Cal.Rptr.2d 743 ===================================================================== COUNSEL Trope & Trope and Thomas Paine Dunlap for Appellant Wife. Stephen A. Kolodny and Carole R. Azran for Appellant Husband. OPINION WOODS (A. M.), P. J. ** These consolidated appeals arise from dissolution proceedings in the marriage of John W. and Elisabeth L. Dick. Both have appealed, wife from the judgment of dissolution, and husband from an order awarding spousal support and attorney fees. We considered each appeal separately. [Page 151] Wife’s Appeal Wife appeals from the judgment of dissolution, arguing that […]

USA – CA – Hurtado – 1997 (Return ordered) HURTADO v RUIZ The mother brought the child to California. The father applied to have the child returned to Mexico. The mother did not have any legal representation in court. It appeared that the mother was very poor and most likely could not afford adequate legal representation. The father was represented by Mr. Hilton and his services were Pro Bono. =========================================================== Hurtado v Ruiz (CA 1997)Santa Clara County No FL 065202 18 International Abduction [US 1997] =========================================================== IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY […]

USA – CA – LOCKLEY – 1993 (Return ordered) LOCKLEY v LOCKLEY. The mother took the children to the United States for a visit. The mother refused to return the children at the end of the visit. The court ordered the return to New Zealand, which the court determined to be the habitual residence. The father was represented by Mr. Hilton. =========================================================== William M. Hilton, CFLSBox 269, Santa Clara, CA 95052 TEL: (408) 246-8511 FAX: (408) 246-0114 J. E. Aeliot Boswell, Esq. Boswell & Munson, E. Tower, 8th Floor 9100 Wilshire Blvd, Beverly Hills, CA 90212 TEL: (310) 273-3261 Attorneys […]

USA – CA – MALAK – 1986 (Jurisdiction in courts of Lebanon) MALAK v MALAK. The mother took the children from the United Arab Emirates to the United States with out the fathers consent. The trial court denied the fathers motion to enforce a child custody decree issued by the Shari’a Sunnit Court, Beirut, Lebanon. The trial court also determined that it did not have subject matter jurisdiction over the subject of child custody. The husband was allowed to take the children to UAE. The father did not return the children as promised. On appeal, the court found that the […]

USA – CA – MARTINEZ – 1997 (Return ordered) (Article 13) MARTINEZ DE ARRENDONDO v SALTO. The mother took the children to California and concealed them. The father applied for their return under the Hague Convention. The children, 11 and 12, were interviewed by a court appointed mental health professional. Based on the interview, the children were ordered returned to Mexico and the father. Mr. Hilton represented the father. The mother’s lawyer filed an appeal as well as an application for an ex parte order to have the children’s returned stayed pending the appeal. The children were ordered returned on […]

USA – CA – NADLER – 1992 (Motion to honor the foreign custody decree denied)NADLER v NADLER. The court ruled that the mother’s conduct of removing the children from Israel was not wrongful or reprehensible. The court denied the father’s motion to enforce the foreign custody order, ruling that this court had jurisdiction. The court discussed attorney’s fees and costs associated with locating the children. (This case was argued by Mr. Hilton and Mr. Rothschild for the mother). ================================================================ IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF SONOMA DEPARTMENT 4 HONORABLE LLOYD VON DER […]

USA – CA – NAVARRO – 1989(Return ordered) NAVARRO v BULLOCK. The mother took the children to the United States form Spain. The father applies for their return under the Hague Convention. The court ordered the return of the children to Spain. The court found that the mother had concealed the children from the father for a total of two years four months. The court also found that the mother placed the children in an absolutely untenable position. The court was very concerned about the “psychological harm” the mother may have brought upon them by two wrongful detentions as well […]

USA – CA – OFFICER – 1996 (Return denied) (Acquiescence) District Attorney. County of Santa barbara (REUVENI) v REUVENI, Neither parent denied that the habitual residence was Israel. The mother took the child to the US with out the father’s knowledge. The father applied under the Hague Treaty for return of the child. In denying the return, the court ruled that a letter sent by the father, to the mother, did “constitute acquiescence” (The mother was represented by Mr. Hilton) =========================================================== District Attorney v Officer (California 1996)Superior Court, County of Santa Barbara No. 215833 =========================================================== FILED Santa Barbara Superior Court […]

USA – CA – STORVIK – 1995 (Return ordered) STORVIK v STORVIK. The father came to the United States as a visiting scholar. His wife and child accompanied him. The mother came on a J-2 visa. The mother retains the child in the U.S. claiming the habitual residence has shifted from Norway to the U.S. The court ruled that since the stay was temporary, as indicated by the J-2 visa, the habitual residence did not change from Norway. The court orders the child returned to Norway. (Mr. Hilton for the father) =========================================================== Storvik v Storvik (Calif. Superior Court 1995)Santa Clara […]

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES Patrice d’Assignies and Sandra Escalante No. BD 051876 STATEMENT OF DECISION RE PETITIONER’S APPLICATION UNDER THE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION DONE AT THE HAGUE ON 25 OCT 1980 C. Bernard Kaufman Judge of the Superior Court 09 Dec 1991 The present action arises under the provisions of the 1980 Hague Convention Treaty dealing with the civil aspects of international child abduction (Hague Convention) and the congressional act known as the international Child Abductions Remedy Act (ICARA) which establish procedures to implement the Hague Convention. […]

Application of Robinson (D.Co. 1997)983 Fed.Supp. 1339 14 International Abduction [USA 1997] =========================================================== In re the Application of: Petitioner: Philip Edward Robinson and Respondent: Kimberly Ann Robinson United States District Court, D. Colorado 07 Nov 1997 No 97-WM-994 MEMORANDUM OPINION AND ORDER MILLER, District Judge. 001 Philip Robinson petitioned this court for the return of his minor children, Benjamin and Stephanie, to Great Britain pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, December 23, 1981, 51 Fed.Reg. 10,494, 10,498 (1986) [hereinafter Convention], as implemented in the United States by the International Child Abduction Remedies Act […]

USA – CO – COLLOPY – 1991 (Return Denied) COLLOPY v CHRISTODOULOU. The father seeks return of the child to the United Kingdom. Even though the court determined the retention of the child in the USA was wrongful, the court ruled that the child has settled in her new environment. ================================================================ DISTRICT COURT, COUNTY OF ADAMS, STATE OF COLORADO Case No. 90 DR 1138, Division B IN RE THE MARRIAGE OF: JOAN COLLOPY, Petitioner, and TITUS GEORGE CHRISTODOULOU, Respondent. FINDINGS OF FACT AND ORDER This matter having come before this Court for hearing on the Respondent’s Motion for Return of […]

USA – CO – ROBINSON – 1997 (Return denied) (Art. 13b, Grave Risk) RODRIGUES v RODRIGUES The Mother takes the children to the United States. The father seeks the return of the children to Venezuela. The court, after hearing testimony and interviewing the son, age 12 and a half, rules that the removal from Venezuela was wrongful but declined to return the three children because of what felt was a grave risk to the mother and children. Bill Hilton’s Comment: In my opinion, the trial court should have ordered the return of the children to Venezuela using a “safe harbor […]

USA – CT – HARLIWICH V HARLIWICH HARLIWICH v HARLIWICH (Osmers) Mother takes the child to the United States. The court ordered the child returned. Ruled New Zealand was the habitual residence and that the removal was wrongful. =========================================================== Harliwich v Harliwich (Conn. Super. 1998)No. FA 9868306S 29 International Abduction [USA 1998] =========================================================== Superior Court of Connecticut. Stephen L. HARLIWICH, v. Karla A. HARLIWICH (Osmers). No. FA 9868306S. Dec. 3, 1998. Memorandum of Decision KLACZAK. 001 This is an application brought pursuant to the provisions of the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter “Hague Convention” […]

USA – CT – PANAZATOU – 1997 PANAZATOU v PANAZATOU. The court found that the habitual residence of the child was Greece. They also concluded that there was sufficient evidence to suggest a grave risk of psychological harm to the child if he was returned without the mother. The court attempted to arrange a conference call with a Greek judge to see if undertakings agreed to by the parties involved would be honored in Greece. Panazatou v Panazatos (Conn.Super 1997)No. FA 960713571S 22 International Abduction [US 1997] =========================================================== Superior Court of Connecticut. Kathleen Patricia PANAZATOU v. Irinarchos Ericos PANAZATOS No. […]

Berendsen v Berendsen (DC Kansas 1996)Case No. 96-4042-RDR =============================================================== IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS FILED 22 Mar 1996 Clerk, U.S. District Court Petitioner: SUSANNA BERENDSEN, Case No. 96-4042-RDR vs. Respondent: DAVID ALAN NICHOLS, ORDER After conducting a hearing and considering the positions of both sides, the court makes the following findings and orders: 1. The court has jurisdiction over this action pursuant to 42 U.S.C.  11603. 2. Holland and the United States of America are contracting states to The Convention on International Child Abduction (“the Convention”) as enforced through 42 U.S.C.  11603. […]

United States America v Amer (2nd Cir. 1997)— Fed.3d —; Docket Number 96-1181 1 International Abduction [USA 1997] ======================================================= UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No 298 — August Term 1996 Argued: October 16, 1996 Decided: March 26, 1997 Docket No. 96-1181 ______________________________ UNITED STATES OF AMERICA, Appellee, v. AHMED AMERICA, Defendant-Appellant. ______________________________ Before: NEWMAN, Chief Judge, CARDAMONE and McLAUGHLIN, Circuit Judges. Appeal from the March 14, 1996, judgment of the United States District Court for the Eastern District of New York (Carol Bagley Amon, Judge) convicting appellant of international parental kidnapping,in violation of 18 U.S.C.  […]

Air France v Saks (1985)470 U.S. 392 =========================================================== October Term, 1984 Syllabus AIR FRANCE v. SAKS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 83-1785. Argued January 15, 1985-Decided March 4, 1985 Article 17 of the Warsaw Convention makes air carriers liable for injuries sustained by a passenger “if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.” Respondent, while a passenger on petitioner’s jetliner as it descended to land in Los Angeles on a trip from […]

Berendsen v Nichols (D.Kan. 1996)938 F.Supp. 737 ================================================================= United States District Court D. Kansas 19 Sep 1996 No 96-4042-RDR Petitioner: Susanna Berendsen v Respondent: David Alan Nichols Counsel for Petitioner: Counsel for Respondent: Arvid V. Jacobson Brian S. Frost Attorney At Law Attorney At Law Box 1167 Topeka, KS Junctiion City, KS 66441-1167 TEL: 913-762-2002 FAX: 913-762-4405 MEMORANDUM AND ORDER Rogers, District Judge This case is now before the court upon petitioner’s motion for attorney’s fees ant costs pursuant to 42 U.S.C.  11607. The court previously ordered respondent to return petitioner’s children to her custody in accordance with the […]

USA – FEDERAL – BEN-EVEN V TAL – 2001(Returned denied) BEN-EVEN v TAL. The child was taken from Israel to the United States. The father “requests that the Court determine that the minor child of the parties, was wrongfully removed from the country of Israel and is being wrongfully retained in the United States by Respondent”. The court ruled that the place of habitual residence of the child is the United States. The child’s trip to and stay in Israel in the company of her mother for a period of eight months was temporary and contingent upon adjustment of the […]

Blondin v Dubois (S.D. NY 1998)19 F.Supp.2d 123 98 CV 4274 (DC) 12 International Abduction [USA 1998] =========================================================== UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re the Application of : : FELIX BLONDIN, : Petitioner : MEMORANDUM DECISION : 98 Civ. 4274 (DC) against : : MARTHE DUBOIS : Respondent : : —————————-: APPEARANCES: VALERIE S. WOLFMAN, Esq. Attorney for Petitioner 475 Fifth Avenue, Suite 1800 New York, New York 10017 TEL: (212) 696-0443 LEONARD F. JOY, Esq. The Legal Aid Society Attorney for Respondent 52 Dune Street New York, New York 10007 MEMORANDUM DECISION Chin, D.J. […]

Blondin v Dubois (2nd Cir 1999)— Fed.App.3d —; No. 98-2834; 17 Aug 1999 10 International Abduction [USA 1999] =========================================================== UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Docket No. 98-2834 August 17, 1999 FELIX BLONDIN, PETITIONER-APPELLANT, v. MARTHE DUBOIS, RESPONDENT-APPELLEE. Sanford Hausler, Brooklyn, NY (Valerie S. Wolfman, New York, NY, of counsel), for Petitioner-Appellant. Howard L. Jacobs, New York, NY, for Respondent-Appellee. Before: Oakes, Cabranes, and Sack, Circuit Judges. The opinion of the court was delivered by: Jos‚ A. Cabranes, Circuit Judge August Term, 1998 Argued: May 6, 1999 001 Appeal from a judgment of the United States District […]

USA – FEDERAL – BROMLEY – 1998(Petition denied) (Access) BROMLEY v BROMLEY. The father petitions for relief concerning his right of visitation and custody of the children. The court finds that they do not have jurisdiction over the relief requested by the father. =========================================================== Bromley v Bromley (E.D. Pa. 1998)30 F.Supp.2d 857 22 International Abduction [US 1998] =========================================================== IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Civ. No. 98-MC-0180 15 Dec 1998 ROBERT PAUL BROMLEY : Petitioner, : : v. : : CHRISTINE FRANCES : BROMLEY : : Respondent. : OPINION Van Antwerpen, District Judge I. […]

USA – FEDERAL – BROOKE – 1995 (1996) (fathers application granted) (Child still missing) BROOK v WILLIS. The mother keeps the child in the U.S. and, in doing so, breaks an agreement. The father petitions the court for relief. The petition is granted. Because the mother and child are still hidden from the father and the courts, “A writ of habeas Corpus shall issue ordering the [mother] to appear in this court with [the child] to show cause why the child has been kept from [the father].” The court orders the mother to appear with the child. ================================================================= Brooke v […]

Conway v Dosen (Dist. Mont. 1995)CV 95-32-H-CCL ================================================================= IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION ******* IN RE THE APPLICATION OF CV 95-32-H-CCL TOPAZ CONWAY Petitioner, -v- ORDER STEVEN A. DOSEN, Respondent. ******* Before the court is Petitioner Topaz Conway’s Petition for Return of Children to Their Habitual Residence (Australia) and Motion for Summary Judgment, and Respondent’s Motion to Dismiss for lack of jurisdiction. Respondent filed Objections to Entry of Summary Judgment, but failed to file a brief in support of his motion to dismiss, which pursuant to Local Rule 220-1, Rules of Procedure […]

USA – FEDERAL – CROLL – 1999 (Return Ordered) (Undertakings) CROLL v CROLL. The mother takes the child to the United States. The father files under the Hague Treaty for the return. The court finds that the child was wrongfully removed from her habitual residence and orders the child returned. The parties agreed on “appropriate undertakings’ that would be in effect until the parties appeared before the Hong Kong courts for a final judgment concerning custody and support. Croll v Croll (S.D.N.Y. 1999)66 F.Supp.2d 554 19 International Abduction [USA 1999] =========================================================== UNITED STATES DISTRICT COURT S.D. New York No 99 […]

USA – FEDERAL – CURRIER – 1994(Return ordered, stayed for one week) CURRIER v CURRIER. Father takes children to USA. Mother requests return under the Hague Convention. Court orders the return of the children to Germany. Order was stayed one week to allow for appeal. =========================================================== U.S. District CourtDistrict of N.H. Filed 16 Mar 94, 17:41 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE 845 F.Supp. 916 (D.N.H. 1994) Gabriele Currier, Petitioner, v. Civil No. 94-99-M Richard Currier. Jr., Respondent. ORDER Gabriele Currier, a citizen of Germany, petitions the court pursuant to 42 U.S.C. 11603(b), for relief under […]

USA – FEDERAL – DANAJPOUR – 2002 (Return Ordered) (Undertakings) DANAIPOUR v McLAREY The mother takes the children to the USA in violation of a court order not to remove the children. The mother claims sexual abuse of the girls by the father. The District court found reason to believe that there was some abuse of the younger girl, but ordered the return with a list of 10 undertakings. The mother appealed the court’s order of return. The Court of Appeals for the First Circuit issued a stay of the District Court’s order until they could hear the appeal. The […]

USA – FEDERAL – DISTLER – 1998(Attorneys fees and costs) DISTLER v DISTLER. This case deals with attorney’s fees and costs relating to the courts order returning the children to the State of Israel. The court granted the application for costs with a few modifications. =========================================================== Distler v Distler (Dist. NY 1998)Civil No 98-4273(JBS) 16 International Abduction [US 1998] =========================================================== IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY TALIA DISTLER, In the Matter of Roy Distier and Eleanor Distler, infants under the age CIVIL NO. 98-4273(JBS) of 16 Petitioner, O P I N I O N […]

United States v Fazal [US 2002]No. 02-1065 (1st Cir. 04/03/2002) 07 International Abduction [USA 2002] =========================================================== UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS 13 Feb 2002 UNITED STATES OF AMERICA ) v. ) CRIMINAL NO. 01-10274-PBS FAZAL-UR-RAHEMAN FAZAL, ) Defendant. ) MEMORANDUM AND ORDER SARIS, U.S.D.J. 001 Defendant Fazal-Ur-Raheman Fazal, a citizen of India, has been charged in a one-count Indictment with kidnapping his two minor children in violation of the International Parental Kidnapping Crime Act (“IPKCA”), 18 U.S.C.  1204. The government alleges that defendant abducted his children from the United States with the intent to obstruct the lawful […]

USA – FEDERAL – FEDER – 1994 (1994) (Return denied) FEDER v EVANS-FEDER, Mother takes child to the USA. The court ruled that the habitual residence of the child is the United States and the petition to have the child returned to Australia is denied. Father appeals. (See below) Feder v Evans-Feder (E.D.Pa. 1994)866 F.Supp. 860 =========================================================== Edward M Feder, Plaintiff, v. Melissa Ann Evans-Feder, Defendant United States District Court E.D. Pennsylvania 31 Oct 1994 Bartle, District Judge. Petitioner, Edward M. Feder (“Mr; Feder”) has brought the present action against his estranged wife, Melissa Ann Evans-Feder (“Mrs. Feeder”) pursuant to […]

USA – FEDERAL – FEDER – 1995 (1995) (Return ordered on appeal) FEDER v EVANS-FEDER. Court of Appeals reverses the lower court and finds that Australia was the habitual residence of the child. Feder v Evans-Feder (3rd Cir. 1995)63 Fed.3d 217 =========================================================== Edward M. Feder, Appellant v Melissa Ann Evans-Feder No 94-2176; United States Court of Appeals, Third Circuit. Argued 27 Jun 1995; Decided 08 Aug 1995; Rehearing and Rehearing In Banc Denied 24 Aug 1995. OPINION OF THE COURT [218] MANSMANN, Circuit Judge. In this case of first impression for this circuit, we have before us a petition filed […]

Finkelstein v Finkelstein (Supreme Court 2000)QDS: 22702297 3 International Abduction (USA 2000) =========================================================== FINKELSTEIN v. FINKELSTEIN QDS: 22702297 SUPREME COURT IA Part 5 30 Mar 2000 Justice Rigler 001 Upon the foregoing papers, defendant Shlomo Finkelstein (“Shlomo”), by order to show cause, who already has sole custody of one infant of the marriage, David Finkelstein, now moves to transfer to him sole legal custody of the remaining children of the marriage: Jaclob, Benjamin, Sarah, and Yehuda. The plaintiff, Giselle Finkelstein a/k/a Giselle Pinto (“Giselle”), removed two of the children, Sarah and Yehuda, to Israel — without notice to the Court, […]

USA – FEDERAL – FJELDHEIM – 1996 (2) (Settled in) (Article 13) FJELDHEIM v FJELDHEIM. “This matter comes before the court on petitioner’s motion for partial reconsideration of it motion and order denying summary judgement and setting this matter for trial” The motion for reconsideration is granted in part and denied in part. The court determined that the trial of the article 13 issue would be determined in accordance with Friedrich. (Are the courts in Norway able to provide the child protection.)? The court must determine, at trial, the date of removal or retention. (Has it been over one year)? […]

USA – FEDERAL – FJELDHEIM – 1996 (Motions for summery judgement denied) FJELDHEIM v FJELDHEIM. The mother takes the child for a visit to the United States. The lower court ruled that the child was not wrongfully retained in the U.S. because the child had reached an age of maturity to decide where she wanted to live. Both the mother and father apply to the U.S. district Court for a summary judgement regarding the return of the child to Norway pursuant to the terms of ICARA. The court ruled that this was a matter for trial and denied both petitions […]

USA – FEDERAL – FREIER – 1996 (Return ordered) FREIER v FREIER. Mother took the child to Michigan, USA for annual visit with her parents. The mother informed the father that she was not returning to Israel. Father files for return of the child under the Hague Convention. The court ordered the child returned to Israel. =========================================================== Freier v Freier (E.D. Mich. 1996)969 F.Supp. 436 10 International Abduction [USA 1996] =========================================================== UNlTED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Jonathan M. Freier, Plaintiff, v Case No 96-CV-73967-DT Hon. Denise Page Hood Judith D. Freier, 04 Oct 1996 Defendant […]

USA – FEDERAL – FREIER – 1997 (Attorneys fees and costs) FREIER v FREIER. The court awards fees and costs in the amount of $15,727.07 to Plaintiff =========================================================== Freier v Freier (E.D.Mich 1997)985 F.Supp. 710 13 International Abduction [USA 1997] =========================================================== Plaintiff: Jonathan M. Freier v Defendant: Judith D. Freier 15 Jul 1997 MEMORANDUM, OPINION AND ORDER RE ATTORNEY FEES AND COSTS HOOD, District Judge. I. INTRODUCTION. 001 This matter is before the Court on Plaintiff Jonathan M. Freier’s Motion for Hearing to Approve Awarded Fees, Costs and Transportation Expenses, which the Court will consider as a Motion to Approve […]

USA – FEDERAL – FRIEDRICH – 1991 (1991) (Return denied) FRIEDRICH v FRIEDRICH. Mother removes child from Germany. Father applies for return under the Hague Treaty and ICARA. The return is denied. (See next case) Friedrich v Friedrich (So.Div. Ohio 1991)No. C-1-91-651 1 International Abduction [USA 1994] ============================================================= UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION IN RE THE APPLICATION OF EMANUEL FRIEDRICH, Petitioner v. C-1-91-651 JEANA MICHELE FRIEDRICH, et al., Respondents Date: 28 Apr 1994 ORDER 001 Petitioner Emanuel Friedrich, a citizen and resident of Germany, brings this action under the International Child Abductions Remedies Act, 42 […]

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF OHIO WESTERN DIVISION IN RE THE APPLICATION OF EMANUEL FRIEDRICH, Petitioner v. C-1-91-651 JEANA MICHELE FRIEDRICH, et al Respondents ORDER Petitioner Emanuel Friedrich, a legal resident and a citizen of the Federal Republic of Germany, brings this action under the Convention on the Civil Aspects of International Child Abduction (The Convention) (attached as Appendix A) as implemented by the United States Congress in the International Child Abduction Remedies Act, 42 U.S.C. Secs. 11601-11610. Petitioner seeks the return of his minor son Thomas to Germany. He alleges that his wife Jeana Michele Friedrich, a citizen […]

Friedrich v. Friedrich (6th Cir. 1993)983 F.2d 1396 No. 92-3117 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT EMANUEL FRIEDRICH, Petitioner-Appellant, v. JEANA MICHELE FRIEDRICH; DAVID HARPER; and SHIRLEY HARPER, Respondents-Appellees. On Appeal from the United States District Court for the Southern District of Ohio. Decided and Filed January 22, 1993. Before: BOGGS and SILER, Circuit Judges; and LAMBROS, Chief District Judge. [The Honorable Thomas D. Lambros, Chief Judge, United States District Court for the Northern District of Ohio, sitting by designation.] BOGGS, Circuit Judge, delivered the opinion of the court, in which SILER, Circuit Judge, joined. LAMBROS, Chief […]

USA – FEDERAL – FRIEDRICH – 1996 (return ordered) FRIEDRICH v FRIEDRICH. This is the second time before the Court of Appeals. The court affirmed the decision of the District Court and order that the child was wrongfully removed from Germany and should be returned. The court also vacated the stay issued by the District Court. SIZE=”-1″ Note by DCT: the above case, Friedrich v Friedrich is often used as a guide to how the Hague Convention should work. Many courts refer to the decisions made in Friedrich v Friedrich. Friedrich v Friedrich (6th Cir. 1996)78 F.3d 1060 ================================================================= Emanuel […]

USA – FEDERAL – FRIEDRICH – 1999(2) FRIEDRICH v THOMPSON (FRIEDRICH): Request for attorneys fees. Same case as above. Friedrich v Thompson (Middle Dist 1999)Civ No 1: 99 CV 00772 (Attorney Fees) 16 Interntional Abduction [USA 1999] =========================================================== IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA EMANUEL FRIEDRICH, ) Petitioner, ) ) v. ) 1:99CV00772 ) JEANA MICHELLE THOMPSON, ) Respondent. ) ORDER AND JUDGEMNT FOR PETITIONER’S ATTORNEY’S FEES Beaty, District Judge. 001 This matter is before the Court on Petitioner Emanuel Friedrich’s (“Petitioner”) Motion for Return of Child to Petitioner and Attorney’s Fees [Document […]

USA – FEDERAL – FRIEDRICH – 1999 FRIEDRICH v THOMPSON (FRIEDRICH): The mother had kept the child here in the USA after a visit. The mother files a civil custody action in the State District court. The court gives the mother temporary custody and prohibits the removal of the child to Germany. Friedrich v Thompson (Middle Dist 1999)Civ No 1: 99 CV 00772 (Merits of case) 15 Interntional Abduction [USA 1999] =========================================================== IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA EMANUEL FRIEDRICH, ) Petitioner, ) ) v. ) 1:99CV00772 ) JEANA MICHELLE THOMPSON, ) Respondent. […]

Gaudin v. Remis, No. 01-15096 (9th Cir. 03/11/2002)03 International Abduction [USA 2002] =========================================================== UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-15096 March 11, 2002 CATHERINE JANE VON KENNEL GAUDIN, PETITIONER-APPELLANT, v. JOHN R. REMIS, JR., RESPONDENT-APPELLEE. Appeal from the United States District Court for the District of Hawaii Samuel P. King, District Judge, Presiding D.C. No. CV-00-00765-SPK Counsel Paul A. Lynch, Honolulu, Hawaii, for the petitioner-appellant. Chunmay Chang, Honolulu, Hawaii, for the respondent-appellee. Before: David R. Thompson, Diarmuid F. O’Scannlain, and Marsha S. Berzon, Circuit Judges. The opinion of the court was delivered by: O’scannlain, Circuit Judge […]

USA – FEDERAL – GERBATSCH – 1999 (Age of consent) (Abstention) GERBATSCH v GERBATSCH the children went to Germany to visit with their father. Apparently the children did not want to return to the US. The mother applies to the German courts for their return. The court agreed that the children were detained in Germany in violation of a joint custody order issued in California and that under article 12 of the Convention the court must order the return. However the court found that the 10 year old had reached the age of maturity and denied the return. They held […]

USA – FEDERAL – GONZALEZ – 2000 (Interim Orders) In most cases interim orders will be necessary, e.g. to ensure that the child is not removed from the jurisdiction pending a hearing on the merits of the Petition; to stay local actions for custody, etc. The court has the specific authority to make these interim orders under Art. 7(b) of The Convention and/or 42 U.S.C. 1604. =========================================================== In re the Application of Evelyn Gonzalez-Caballero(Dist. Az. 2000) Civil Case No CV-00-218-TUC-JMR 5 International Abduction (USA 2000) =========================================================== UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA (CIVIL ORDER – GENERAL) Civil Case No […]

USA – FEDERAL – GRIMER – 1993 (Return Ordered) GRIMER v GRIMER. Father takes child to the USA. Court orders the child returned to the United Kingdom. Court also orders the father to give the necessary information in order to solve any passport questions. ================================================================ IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF KANSAS Filed: 14 Apr 1993 In re the Application of: ) VANNESSA JANE GRIMER, ) ) CIVIL ACTION Petitioner, ) v. ) Case No. 93-4086-DES GREGORY PETER GRIMER, ) Respondent. ) ________________________________) MEMORANDUM AND ORDER This matter is before the court on a petition filed by […]

Hemard v Hemard (N.D.Texas 1995)Civil Action File Number 7-94-CV-110X ================================================================= UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION CIVIL ACTION, FILE NUMBER 7-94CV-110-X ERICK MARIE HEMARD ) Plaintiff ) ) ) ORDER DIRECTING RETURN OF V. ) MINOR TO COUNTRY OF ) HABITUAL RESIDENCE JACQUELINE PILE HEMARD ) Defendant ) On the 8th day of February, 1995, the Court heard Plaintiff’s Petition for Return of the Child pursuant to the Hague Contention. Plaintiff, ERICK MARIE HEMARD, appeared in person and by attorneys, Jody L. Johnson and Cyndi L. Schenk. Defendant, JACQUELINE PILE HEMARD, appeared in […]

Holder v Holder (9th Cir. 2002)305 F.3d 854 14 International Abduction [USA 2002] =========================================================== UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-35467 and No. 01-35519 305 F.3d 854 (9th Cir. 2002) 06 Sep 2002 JEREMIAH W. HOLDER, PETITIONER-APPELLANT, v. CARLA R. HOLDER, RESPONDENT-APPELLEE. JEREMIAH W. HOLDER, PETITIONER-APPELLEE, v. CARLA R. HOLDER, RESPONDENT-APPELLANT. Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding D.C. No. CV-00-01927-JCC Counsel Rhea J. Rolfe, Edmonds, Washington, for the petitioner apellant-cross-appellee. A. Chad Allred, Seattle, Washington, for the respondent appellee-cross-appellant. Before: Dorothy W. Nelson, […]

USA – FEDERAL – ISAAC – 1998 (Return Denied) (Habitual residence) (Age of maturity) ISAAC v RICE. The father took the children to Israel and hid them from the mother for eleven years. The father’s mother intervened, after eleven years, and told the mother that the father was in Israel and arranged for the mother to talk with her children by phone. The mother went to Israel and brought the son back to the US. The father applied for his return, the petition for return was denied. The court found that the habitual residence was the US and the child […]

USA – FEDERAL – JOHNSON – 1996 (Return ordered, twice) (Note from U.S. Central Authority) JOHNSON v JOHNSON. This is a note from the United States Central Authority to the Swedish Central Authority in regards to the case of Amanda Johnson. Twice, the child was ordered returned to the United States. First by the Lansratten Administrative Trial Court and than by the Karnmaratan Administrative Appeals Court. The following case is the appeal to the Supreme Administrative Court. =========================================================== Johnson and Johnson (USA 1996)Note from US Central Authority to Swedish Central Authority 9 International Abduction [USA 1996] =========================================================== United States Department […]

USA – FEDERAL – JOHNSON – 1997 JOHNSON v JOHNSON. The mother appeals the Virginia trial court’s decision granting sole custody of the child to the father. The appeals court affirms the trial court’s decision. ================================================================ Johnson v Johnson (Va.App. 1997)493 S.E.2d 668 11 International Abduction [USA 1997] ================================================================ Anne Franzen Johnson v. Thomas Arthur Johnson Record No. 2200-96-4, Court of Appeals of Virginia, Richmond. 09 Dec 1997 Fitzpatrick, Chief Judge 001 Anne F. Johnson (mother) appeals the trial court’s decision granting sole custody of Amanda Johnson (child) to Thomas A. Johnson (father). Mother argues that the trial court erred […]

Journe v Journe (D.Puerto Rico 1995)911 F.Supp. 43 ================================================================= Bruno George Joseph JOURNE, Petitioner v Liselie JOURNE, a/k/a Liselie Soto Ramos, Respondent Civl No 95-1729 (SEC) United States District Court, D. Puerto Rico 29 Nov 1995 Juan R. Acevedo, Hato Rey, Puerto Rico, for petitioner. Manuel Moraza-Choisne, Cond. LeMans, Hato Rey, Puerto Rico, for respondent. ORDER Casellas, District Judge Petitioner Bruno George Joseph Journe (“petitioner”) (“Dr. Journe”) originally brought this action on June 9, 1995, pursuant to The Hague Convention on International Child Abduction (“the Convention”) and the International Child Abduction Remedies Act, 42 U.S.C.  11601 et seq., seeking […]

Kanth v Kanth (D. Utah 1999)79 F.Supp.2d 1317 17 International Abduction [USA 1999] =========================================================== United States District Court D. Utah Central Division No 2:99CV532C 14 Dec 1999 Rajani K. Kanth, Plaintiff v Cory Leigh Kanth, Defendant ORDER CAMPBELL, District Judge 001 Mr. Kanth has filed this petition under the International Child. Abduction Remedies Act, 42 U.S.C.  11601-11610 (“ICARA”), and the Convention on the Civil Aspects of International Child Abduction, included in the Hague Convention adopted on October 25, 1980 (“the Hague Convention”). Mr. Kanth alleges that Mrs. Kanth wrongfully removed the children from Australia to the United States, and […]

USA – FEDERAL – LEVESQUE – 1993 (Return ordered) LEVESQUE v LEVESQUE. The father takes the child to US. Mother applies for the return under the Hague Treaty and ICARA. The court ordered the return to Germany. Germany is the habitual residence. The court also found that the mother did not acquiesce to the removal. =========================================================== IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF KANSAS [Filed 25 Feb 93, 11:05 a.m. at Topeka, KS] [Entered on the Docket 25 Feb 93] 816 F.Supp. 662 (D. Kan. 1993) In re the Application of: ) BRITTA ANN JESSICA LEVESQUE ) ) […]

20. USA – FEDERAL – LOPS – 1998 (Return ordered on appeal, District courts decision upheld) LOPS v LOPS. Father and his mother take the children to US. Children are hidden for two and a half years. The mother applied for their return under ICARA and the Hague Convention. District court orders the children returned to Germany. Father and his mother appeal to the Eleventh Circuit Court, the Circuit Court issues a stay pending a hearing. The Circuit Court affirmed the District courts order. The children returned to Germany. (See above case for district courts decision.) Lops and Lops (11th […]

USA – FEDERAL – MAHMOUD – 1997(1997) (Return ordered) (Concurrent original jurisdiction) MAHMOUD V MAHMOUD. Mother filed to have her child returned to the UK. On the day of the State court hearing the father filed a notice of removal with the State and Federal courts. The father advised the State court that the action had been removed. However, the State court judge still ruled in favor of the mother and granted the mothers requested relief. The mother returned to the UK. The father moves to vacate the State court order (which the mother wants to remain in place in […]

McCullough v McCullough (W.D.Pa. 1998)4 F.Supp.2d 411 11 International Abduction [USA 1998] =========================================================== MEMORANDUM ORDER D. Brooks Smith, District Judge 001 This memorandum order is issued in support of the Order and Warrant of Arrest, docket no., 4, which I issued in this matter yesterday, May 11, 1998. That morning, Randy Blake McCullough (hereinafter “petitioner”), filed a Petition and Complaint for Return of Child to Petitioner and For a Warrant in Lieu of a Writ of Habeas Corpus, docket no.1, pursuant to The Convention on the Civil Aspects of International Child Abduction, done at the, Hague on 25 October 1990 […]

USA – FEDERAL – MEREDITH – 1991 MEREDITH VS. MEREDITH (return denied) WMH: “this appears to be the first case that holds that concealing a child does not cause the place of concealment to become the habitual residence of the child” “see Curtis vs. Curtis (Miss. 1990) 574 So. 2d 24 for a discussion of this point” ================================================================ In re the Application of: MARIE CLAIRE E. MEREDITH, Petitioner, v. STEVEN MEREDITH, Respondent No. CIV 90-1632-PHX-RGS, 26 Feb 1991 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 759 F.Supp. 1432 (D.Ariz. 1991) COUNSEL: Raul Castro, Phoenix, Arizona for petitioner. David […]

Mezo v Elmergawi (E.D.N.Y. 1994)855 F.Supp. 59 ================================================================= MEMORANDUM DECISION AND ORDER SPATT, District Judge. In one of the few cases to address the International Child Abduction Act (the “Child Abduction Act”), 42 U.S.C. Secs 11601 – 11610, this Court is called upon to determine whether the Child Abduction Act applies to a situation in which two children are taken from the United States and brought to Egypt and then to Libya. The plaintiff Barbara Mezo (“Mezo”) commenced this action pursuant to the Child Abduction Act to obtain an injunction ordering the Secretary of State, Warren Christopher, to perform his […]

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING IN THE MATTER OF SARAH ISA MOHSEN, a minor. ISA YOUSIF MOHSEN, Petitioner, v. LEANN FLEETWOOD MOHSEN, Respondent Docket Number C89-0147J ORDER DISMISSING PETITION In this action under the International Child Abduction Remedies Act, 42 U.S.C. Sec. 11601 et seq., the petitioner, Isa Mohsen, seeks the return of his child, Sarah, who presently is in the exclusive custody of her natural mother, Leann Fleetwood Mohsen, the petitioner’s wife. Mr. Mohsen is a citizen of the country of Bahrain. His wife is a citizen of the United States. They were […]

USA – FEDERAL – MORENO – 1996 MORENO v MAHDI. The father took the child to the United States. The mother applies for return under the Hague Convention. The father does not object to the return and appeared Pro se. The court ordered the return to Panama. ================================================================= Moreno v Mahdi (ED Virginia 1996)Civil Action No 96-19-A ================================================================= IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division FILED 29 Mar 1996 Petitioner: Aida Ramos Moreno Civil Action No 96-19-A v. Respondent: Stanley Abdalrafi Mahdi ORDER The Court has reviewed petitioner’s Petition for Return of Child […]

USA – FEDERAL – MORRIS – 1999 (Return Denied) (Habitual Residence) MORRIS v MORRIS. The father took the child from Switzerland to the United States without the mother’s knowledge. The mother applied for the return of the child under the Convention. The court ruled that the habitual residence of the child was Colorado and denied the petitioners motion. Comment by the judge: “I stress, however, that my finding of no wrongful removal has no bearing upon the ultimate issue of custody. My decision simply determines that a court of Colorado, instead of a Swiss court, will be making the ultimate […]

USA – FEDERAL – MORTON – 1997 (Motion of father granted) (Child was returned from Germany) MORTON v MORTON. Mother takes child to Germany from Utah. The father prevails in the Utah courts. Mother refuses to return child. Father applies for return under the Hague Treaty. Germany refuses first Hague application. Father obtains a determination under article 15 that the child’s removal was wrongful under the Convention. Germany orders the return of the child. Mother appeals, appeal denied. This court granted the father’s motion for summery judgement. The mother’s motion for same is denied. Morton v Morton (D.Neb. 1997982 F.Supp. […]

USA – FEDERAL – MOZES (APPEAL) – 2001 MOZES v MOZES. The lower court denied the return of the children to Israel. On appeal, the decision of the lower court was reversed and remanded back to the lower court to determine if there was a grave risk to the children if returned to Israel. If not they must be returned. The court determined that the habitual residence of the children is Israel and that the father was exercising his rights of custody when the children were retained in the USA. =========================================================== Mozes v Mozes (9th Cir. 2001)— F.3d —; No […]

(1998) (Return denied) (Habitual residence) MOZES v MOZES. The Court ruled that the children were habitual residences of the United States and do not have to be returned to Israel. The mother had taken the children to the US for an extended stay with the father’s permission. =========================================================== Mozes and Mozes (DC California 1998)19 F.Supp.2d 1108 Civil No: CV 98-3636 RAP (MANx) 10 International Abduction [USA 1998] =========================================================== UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ARNON MOZES, ) ) CASE NO CV 98-3636 RAP (MANx) Petitioner, ) ) JUDGMENT v. ) ) MICHAL MOZES, ) ) Respondent. ) ___________________) […]

USA – FEDERAL – NICHOLSON – 1997 (Return ordered) NICHOLSON v NICHOLSON. Father took child to US (Kansas). Mother applies for return under the Hague Convention and ICARA. Court orders the child returned to Germany and the mother. Nicholson v Nicholson (D Kansas 1997)No. 97-1273-JTM. 20 International Abduction [US 1997] =========================================================== IN RE Application of: Renate NICHOLSON, Petitioner, v. Patrick Owen NICHOLSON, Respondent, No. 97-1273-JTM. United States District Court, D. Kansas. July 7, 1997. MEMORANDUM AND ORDER MARTEN, District Judge. 001 On June 27, 1997, the court heard argument and evidence relating to petitioner Renate Nicholson’s request for an order […]

USA – FEDERAL – NUNEZ – 1995 (Case remanded back to the district court) (13b)NUNEZ-ESCUDERO v TICE-MANLEY. This case is on appeal from a district court’s order denying the return of the child to Mexico. The appeals court reverses the district court and remands it back to the district court for further considerations. The Court stated that the district court must first make a determination of habitual residence under article 3. The court ordered the district court not to consider custody or the best interest of the child. The district court can only address an article 13b defense. ================================================================= Nunez-Escudero […]

USA – FEDERAL – PONATH – 1993 (1993) (Return denied) (Habitual residence) PONATH v PONATH. The mother returned to the US with the child. The father filed for the child’s return under the Hague Treaty. The court ruled that the US was the place of habitual residence, not Germany. The court found that the mother had only agreed to go to Germany for a visit. The child was born in the US and the only connection to Germany was the visit. =========================================================== Application of Ponath (D.Utah 1993)829 F.Supp. 363 In re the Application of: Petitioner: Sten Ponath and Respondent: Jeri […]

In re Prevot (6th Cir. 1995)59 F.3d 556 ================================================================= In re Ben Jean Prevot and Airelle Dominque Prevot, the Minor Children. Jean-Claude Prevot, Petitioner-Appellee, v Debra Moseman Prevot, Respondent-Appellant. Nos 94-5854 & 94-6440 United States Court of Appeals, Sixth Circuit Argued 07 Oct 1994, Decided 14 Jul 1995 Before: Jones, Siler and Godbold,* Circuit Judges. GOLDBOLD, Circuit Judge This appeal, in No. 94-5854, is from the judgment of the district court ordering the children of Jean-Claude Prevot and Debra Moseman Prevot, who are located with the mother in Tennessee, returned to the custody of the father in France.1 It is […]

USA – FEDERAL – RYDDER – 1995 (Return ordered) RYDDER v RYDDER. The mother took the children to the US. The father applies for their return. The court rules that Poland is the habitual residence and orders the children returned. The mother appeals. The appeals court affirmed the lower court on the return, but they reversed and remanded the award of fees and legal costs to be reduced in accordance with their opinion. ================================================================= Rydder v Rydder (8th Cir. 1995)49 F.3d 369 ================================================================= Bjorn Michael Rydder, Plaintiff-Appellee v. Susan Marie Rydder, Defendant-Appellant Nos 94-3667, 94-3878 United States Court of Appeals, […]

USA – FEDERAL – SHALIT – 1998 (Return denied) (wrongful retention) SHALIT v COPPE-SHALIT. Father filed for return of child to Israel. The child had gone to live in Israel for three years with both parties’ approval. At the end of three years, the child came to the US for a visit. The mother refused to return the child to Israel and the father claimed the mother is retaining the child in the US in violation of the Convention. The court found that Israel was the child’s habitual residence. The court further ruled that because the mother had custody rights […]

USA – FEDERAL – SHALIT – 1999 (Return denied, Lower court decision affirmed) SHALIT v COOPE-SHALIT. The case was appealed by the father. The appeals court found that the father failed to establish that the mother’s retention of the child was wrongful. The appeal was denied. =========================================================== Shalit v Coppe (9th Cir. 1999)— F.3d —; No. 99-35004, 23 Jul 1999 9 International Abduction [USA 1999] =========================================================== UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HAIM SHALIT, Plaintiff-Appellant, No. 99-35004 v. D.C. No.CV-98-00328-JWS CHERYL COPPE, a/k/a CHERYL GARDNER SHALIT, Defendant-Appellee. OPINION Appeal from the United States District Court for the […]

USA – FEDERAL – SILVERMAN – 2001(remanded back to district court) SILVERMAN v SILVERMAN Because the Hague issue has not been addressed, we believe the appropriate course of action is to remand the matter to the district court to consider whether the Silverman children were wrongfully removed from Israel. ================================================================ Silverman v. Silverman [US 2001]267 Fed.3d 788 (8th Cir. 2001) No. 00-4004 (8th Cir. 04 Oct 2001) United States Court of Appeals, Eight Circuit 14 International Abduction [USA 2001] ================================================================ UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 00-4004 October 4, 2001 ROBERT HECHTER SILVERMAN, APPELLANT, v. JULIE […]

USA – FEDERAL – SILVERMAN – 2002(2002) (Return Denied) (Habitual Residence) (Grave Risk) SILVERMAN v SILVERMAN. The court found that the district court erred in refusing the return based on “grave risk) the children were ordered returned to Israel for a determination of custody issues. =========================================================== Silverman v Silverman [USA 2002]USDC of Minnesota, Civil No. 00-2274 (JRT) 05 International Abduction [USA 2002] =========================================================== UNiTED STATES DISTRICT COURT DISTRICT OF MINNESOTA ROBERT HECHTER SILVERMAN, Civil No. 00-2274 (JRT) Plaintiff, FINDINGS OF FACT, v. CONCLUSIONS OF LAW AND ORDER DENYING PLAINTIFF’S JULLIE HECHTER SILVERMAN PETITION Defendant. Susan Anderson McKay, MCKAY LAW OFFICE, […]

USA – FEDERAL – SILVERMAN MEMO- 2002SILVERMAN v SILVERMAN. The father applies for the return of his children under the Convention. This case was remanded back to the District court to address the father’s contention that the children should be returned to Israel. The court is to determine if the children were wrongfully removed. The mother asks for a jury trial. The motion is denied. A date is set to determine if the children were wrongfully removed from Israel or retained in the US. ================================================================ Silverman v Silverman [USA 2002]USDC of Minnesota, Civil No. 00-2274 (JRT) 02 International Abduction [USA […]

Sinclair v Sinclair (6th Cir. Mich. 1997)No. 96-1015 21 International Abduction [US 1997] =========================================================== UNPUBLISHED OPINION United States Court of Appeals, Sixth Circuit. Richard Charles Patrick SINCLAIR, Plaintiff-Appellee, v. Lana Marie SINCLAIR, Defendant-Appellant. No. 96-1015. Decided July 30, 1997. Before MERRITT, BOGGS, and DAUGHTREY, Circuit Judges. ORDER 001 Lana Marie Sinclair appeals a district court judgment granting her ex-husband’s petition filed under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, 42 U.S.C.  11601-610. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules […]

Slagenweit v Slagenweit (N.D. Iowa 1993)541 F.Supp. 264; appeal dismissed, 43 F.3d 1476 [8th Cir.1994] 28 Oct 1993 Robert M. Jilck, Webb L. Wassmer, Simmons, Perrine, Albright & Ellwood, Cedar Rapids, IA, for petitioner. William F. Olinger, William F. Olinger Law Firm, Cedar Rapids, IA, for respondent. ORDER MELLOY, Chief Judge. The petitioner, Ulla C. Slagenweit (“Ulla”) , brings this petition pursuant to The Convention on the Civil Aspects of International Child Abduction done at the Hague on October 25, 1980 (“Convention”) The Convention was adopted by the International Child Abduction Remedies Act of April 29, 1988, codified at 42 […]

USA – FEDERAL – SLAGENWEIT – 1995 (Child died, return moot) SLAGENWEIT v SLAGENWEIT. This is an appeal to the 8th Circuit Court of Appeals. While the appeal was pending, the child died unexpectedly. Because of the child’s death, the appeals court dismissed the appeal for the child’s return as moot and vacated the district Court’s order for costs to the father. They remanded the case back to the District court with instructions to dismiss as moot. The District did this, but determined that the father was still the prevailing party for the purpose of awarding costs. The appeals Court […]

Smith v Smith (Ken.W.Dist 1997)Civil Action No. 1:97-CV-7S(R) 16 International Abduction [USA 1997] =========================================================== UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION Civil Action No. 1:97-CV-7S(R) RUSSELL JAMES SMITH, PETITIONER. V. CYNTHIA ANN SMITH, RESPONDENT. MEMORANDUM OPINION 001 Petitioner Russell Jaemes Smith seeks the return of his son, Nathan, to Australia pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the “Convention”). He alleges that Respondent Cynthia Smith, his wife, removed their child from Australia in violation of the Convention by refusing to return the child from a vacation to the United States. […]

USA – FEDERAL – STEFFEN – 1997 (Return denied) (13b) STEFFEN F. v SEVERINA P. Mother takes children to US. The father applies for the return under the Hague Convention. The Court found that there was proof of ‘Bonding” with the mother and not with the father. They concluded that the mother has proven by “clear and convincing evidence that a grave risk of harm exists if the child is returned to Germany. The petition for return is denied at this time. Steffen F v Severina P. (D.Ariz. 1997)966 F.Supp. 922 6 International Abduction [USA 1997] =========================================================== Petitioner: Steffen F. […]

USA – FEDERAL – TABACCHI – 2000 (Return Ordered) (Undertakings) TABACCHI v HARISON. The mother took the child to the United States after several years of fighting, cussing, and alleged physical abuse at the hands of the father. The father applied for the child’s return under the Convention. The District court ruled that the habitual residence was Italy and that there was no grounds for a “grave risk” defense. The court indicated that the Italian court had given the Mother temporary custody and saw no reason why the Italian court could not protect the mother and child form any potential […]

USA – FEDERAL – TOREN – 1998 (Return denied) TOREN v TOREN, The father filed for the return of the children from Massachusetts, USA. The court rules that the children were not habitual residences of Israel at the time of their alleged retention. Therefore the Convention and ICARA do not apply. =========================================================== Toren v Toren (D.Mass. 1998)Civil No 98-11302-GAO 15 International Abduction [US 1998] =========================================================== UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACT1ON NO. 98-11302-GAO SCHLOMO DANIEL TOREN, Plaintiff V. RACHAEL ELISABETH TOREN, Defendant MEMORANDUM AND ORDER October 21, 1998 O’TOOLE, D.J. 001 Invoking the Court’s jurisdiction under the […]

Application of Wojcik v Wojcik (E.D.Mich. 1997)959 F.Supp. 413 4 International Abduction [USA 1997] =========================================================== In re the Application of: No. 96-71392 Eric Wojcik, Petitioner, 11 Feb 1997 v Karen Marie Wojcik, Respondent ________________________________/ MEMORANDUM AND ORDER DENYING PETITION Cohn, District Judge I. Introduction 001 This is a petition for the return of minor children pursuant to the Convention on the Civil Aspects of International Child Abduction at the Hague, October 25, 1980, T.I.A.S. No 11670 (the Convention), and the International Child Abduction Remedies Act (the Act), 42 U.S.C.  11601-11610. Petitioner Eric Wojcik (the father) seeks the return of […]

USA – FL – LANZILOTTA – 1993 (1993) (Return ordered) Lanzilotta v Tommaso, Two children taken to the USA by the mother and returned to the father in Argentina. IN THE CIRCUIT COURT, SEVENTHJUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NUMBER: 93-11302 FMDL DIVISION 04 IN RE: THE APPLICATION OF: HORACIO GUSTAVO LANZILOTTA, Petitioner, and ROSALIND TOMMASO, Respondent. ______________________________________/ FINAL JUDGMENT ON PETITION FOR RETURN OF CHILDREN THIS CAUSE came on to be heard on August 12, 1993 upon the Petitioner-Father’s Petition for Return of Children and Amendment to Petition and Respondent-Mother’s Motion to Dissolve Writ of Habeas […]

USA – FL – PEFAUR – 1992: (1992, 1993) (Return denied on appeal) Pefaur v Pefaur. Court ruled that the “home state” for the three children is Argentina and declined to accept jurisdiction over the three children. On appeal, the court determined that the children were not wrongfully removed because of the threat of violence, and that the court did have jurisdiction. IN THE CIRCUIT COURT OF THE 11THJUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA FAMILY DIVISION CASE NO. 92-42571 FC (29) IN RE: THE MARRIAGE OF PILAR PEFAUR, Petitioner/Wife, and HECTOR PEFAUR, Respondent/Husband. ____________________________/ ORDER ON MOTHER’S EMERGENCY […]

Quinn v Settel (Fla.App. 3 Dist 1996)683 So.2d 617 ================================================================= Aislinn Quinn, Appellant v. Joel John Settel, Appellee Third District Court of Appeal of Florida, No 96-1582, 30 Oct 1996 NESBITT, Judge A mother appeals a final judgment on parental responsibility which establishes a plan of rotational custody. We affirm the order under review. The following facts gleaned from the final judgment and supported by the record establish the basis for the trial judge’s decision. Aislinn Quinn filed the instant action to determine parental custody. She and Joel Settel stipulated to being the biological parents of a daughter, born October […]

USA – GA – MOORE – 1990 (Return denied) (Habitual residence) MOORE v MOORE. The mother took the child to Switzerland for a visit with the intent of keeping the child there. The father brings the child back to the United States. Under the Hague Convention, the mother sought an emergency ex parte hearing with the court asking that custody be returned to her. The court finds that the habitual residence of the child was Georgia, USA. (Note, DCT: There is confusion as to how the child got back to the U.S. Did the mother return with the child or […]

USA – HI – SALVADOR – 1992 (Return ordered) SALVADOR v SALVADOR.The children went to Hawaii for a visit with the father. The father did not return the children as agreed. The court ordered the children returned to New Zealand. =========================================================== Paul J. Durbin FAMILY COURT Attorney At Law First Circuit Court 735 Bishop St, No. 309 State of Hawaii Honolulu, HI 96813 Filed: 1:00 p.m. (808) 531-7924 Mar 20, 1992 C. Miura, Clerk Attorney for Petitioner FAMILY COURT OF THE FIRST CIRCUIT STATE OF HAWAII Barbara E. Salvador ) FC-M No. 92-0208 ) Petitioner, ) ORDER GRANTING MOTION FOR […]

Palle v Palle Circuit Court, Cook County, Illinois; No. 90 D 1181, 23 Feb 1990 Text is from: 16 Fam. Law Rep. 1262 (1990) Two minor children whose mother removed them to Illinois from Austria, their country of habitual residence, without the consent of their father must be returned to Austria pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (FLR Ref. File 122:001), an Illinois trial court recently ruled. Upon arriving in Chicago with the children in February 1989, the mother had immediately filed a divorce and custody petition in the Cook County Circuit Court. […]

USA – JOHNSON – 1996 JOHNSON v JOHNSON. (From the Embassy of the United States to the Swedish Ministry of Foreign Affairs, Note # 064) “Focusing on the Swedish law of “hemvist”, the Regeringsratten based its decision on the grounds that Amanda had been living in Sweden for a little over two years, that she had adapted to life in Sweden, and that the 1993 Virginia custody order accorded her mother a greater number of years of primary custody than her father. Such reasoning turns the Convention on its head by rewarding the very type of conduct that it is […]

USA – KS – BERENDSEN V NICHOLS – 1996 (Fees and costs) BERENDSEN v NICHOLS. The mother comes before the court asking for attorney’s fees and costs. The awarding of fees are discussed by the judge. He does make reference to other court decisions. =============================================================== USA – KS – BERENDSEN V NICHOLS – 1996 (Return ordered) BERENDSEN v NICHOLS. The court found that the father wrongfully retained the children in the United States. That there was no evidence that the children would be subject to grave risk if returned to Holland. The court further found that the mother did not […]

Harsacky v Harsacky (Ky.App. 1996)930 S.W.2d 410 ================================================================= Harsacky v Harsacky No 96-CA-0068-MR, Court of Appeals of Kentucky, 11 Oct 1996 OPINION KNOPF, Judge: This case involves an interpretation of the international law regarding child custody across national borders. Having fully considered the briefs and oral arguments of counsel, the authorities cited therein, and the record before the trial court, we find no error and are unable to improve upon the well researched and well written opinion by the trial court. Therefore, we adopt Judge Bartlett’s opinion as our own: “This matter is before the Court on the Petitioner’s Motion […]

USA – KY – JANAKAKIS-KOSTUN – 1999 (Return ordered on appeal) JANAKAKIS-KOSTUN v JANAKAKIS. This is an appeal to the Kentucky Court of Appeals. The lower court ordered the child returned to Greece. The appeals court affirmed the lower court’s order to return the child to Greece. The mother took her appeals to the US Supreme Court. Justice Stevens denied mothers request for a stay pending appeal. The mother turned the child over to the father. JANAKAKIS-KOSTUN v JANAKAKIS (Ky. App. 1999)199 KY 42026; No No. 1998-CA-000259-MR 13 Interntional Abduction [USA 1999] =========================================================== COMMONWEALTH OF KENTUCKY COURT OF APPEALS No. […]

Bolton v Bolton (Parish Fam.Ct. 1994)East Batton Rouge, LA No. 110163, Div. “D” ================================================================ ELIZABETH BOLTON : NUMBER 110,163, DIVISION “D” : THE FAMILY COURT VERSUS : PARISH OF EAST BATON ROUGE KARL P. BOLTON : STATE OF LOUISIANA EXCEPTION OF SUBJECT MATTER JURISDICTION This matter came on for hearing on an exception of subject matter jurisdiction and a Petition for Return of Children under the Hague Convention. WMH FN01 At issue is whether or not this Court has jurisdiction to determine custody matters and whether or not the law set forth under the Hague Convention applies herein. Carl and […]

USA – MA – Falls v Downie (Return denied) (No wrongful removal) FALLS v DOWNIE. Court found that the habitual residence of the child was not Germany and stated that “given this, neither the Convention nor ICARA applies and this court lacks subject matter jurisdiction” Falls v Downie (Dist.Mass. 1994)871 F.Supp. 100 ================================================================= IN THE APPLICATION OF VERONIKA ELISABETH FALLS, Petitioner v. RICHARD THOMAS DOWNIE, Respondent CIVIL ACTION NO. 94-30293-MAP UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS December 28, 1994, Decided COUNSEL: For VERONIKA ELISABETH FALLS, Petitioner: Laura F. Arbeitman, Northampton, MA. For RICHARD THOMAS DOWNIE, Respondent: Leslie […]

USA – MA – VIRAGH – 1993 (Return for visitation denied) VIRAGH v FOLDES. Mother has custody in Hungary, father has visitation. Father has filed over 50 complaints and appeals against the mother in Hungary. All were dismissed. The mother takes the children to the US to live with her new husband. The father applied for return of the children for visitation. The trial court ruled that the Convention does not mandate the return of children for visitation. The father appealed the decision. The appeals court affirmed the trial court’s order, but remanded the action back to the trial court […]

USA – MA – WALSH – 1998(1998) (Return ordered) (13b) Physical abuse) WALSH v WALSH. Mother flees with her lover and children to US. Father files for return under the Hague Treaty. Mother does not dispute the wrongful removal but relies on “grave risk” defense. With undertakings, the court returned the children to Ireland. =========================================================== In re Walsh (D.Mass. 1998)31 F.Supp.2d 200 23 International Abduction [US 1998] =========================================================== In re the Application of John Walsh 31 F.Supp.2d 200 United States District Court D. Massachusetts No. Civ.A. 98-11638-WGY 18 Dec 1998 <* page 201> E. Chouteau Merrill, Brown, Rudnick, Freed & […]

USA – MA – WALSH – 1999 WALSH v WALSH. The court stayed its order to return the children to Ireland in order to determine the applicability of the fugitive disentitlement doctrine. The court, for reasons stated, denied the motion to dismiss. However, they stayed the order to return the children pending appeal. =========================================================== In re the Application of John Walsh (D.Mass. 1999)8 International Abduction [USA 1999] =========================================================== UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS In re the Application of JOHN WALSH CIVIL ACTION No. 98-11638-WGY MEMORANDUM AND ORDER YOUNG, C.J. June 11, 1999 A. Introduction 001 On December 18, […]

USA – MA – WANNINGER (Return ordered) WANNINGER v WANNINGER. The mother brought the three children to the US for a visit that was to last six weeks. The mother, through a neighbor, informed the father she was not returning to Germany. After getting a ruling in the German courts that the mother did wrongfully retain the child in the US, the father applied in the US District court for the return of the children under the Hague Convention and ICARA. The Court ordered the return of the children to Germany. =========================================================== Wanninger v. Wanninger (D.Mass. 1994)850 F.Supp. 78 MEMORANDUM […]

USA – MA – ZUKER V ANDREWS – 1998 (1998) (Return denied) ZUKER v Andrews. Two children taken by their mother to USA. Judge ruled that Zuker’s (the father) petition for return of child to Argentina is dismissed as without merit. Children not returned. Zuker v Andrews (D. Mass. 1998)2 F.Supp.2d 134 6 International Abduction [USA 1998] =========================================================== United States District Court District of Massachusetts ALEJANDRO ZUKER, ] Plaintiff, ] Civil Action No 97-12099-RCL ] [Collings, U.S.M.J.] V. ] 10 Apr 1998 ] PATRICIA K. ANDREWS, ] Defendant. ] ______________________] I. INTRODUCTION 001 Petitioner, Alejandro G. Zuker (“Zuker”), a citizen […]

USA – MARYLAND – ZAJACZKOWSKI V ZAJACZKOWSKA – 1996 (Discussion on habeas corpus) ZAJACZKOWSKI v ZAJACZKOWSKI. The father filed this action under the Hague Convention seeking the return of child to Poland. The court set a date for the mother to appear before the court to show cause why a writ of habeas corpus should not be issued and why the child should not be returned to Poland. ================================================================= Zajaczkowski v Zajaczkowska (Dist.Md. 1996)Civil No. PJM 96-1799 ================================================================= IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND STANISLAW W. ZAJACZKOWSKI * * Petitioner * * v. * * […]

USA – MI – Harkness v Harkness 1998 ( Return ordered on appeal) HARKNESS v HARKNESS. The mother applied for return of the children from Michigan, USA to Germany. The Circuit Court ordered their return. The case is on appeal to the Michigan Court of Appeals. The appeals court affirmed the lower courts order to return the children to Germany. Harkness v Harkness (Mich.App. 1998)577 N.W.2d 116 7 International Abduction [USA 1998] =========================================================== STATE OF MICHIGAN COURT OF APPEALS GABY HARKNESS, Petitioner-Appellee, v Docket No. 201378 Ingham Circuit Court JAMES EDWARD HARKNESS, LC No. 96-091319-DZ ROSS D. RIED and MARY […]

Tyszka v Tyszka (Mich.App. 1993)503 N.W.2d 726 ================================================================= Henry Tyszka, Plaintiff-Appellant-Cross-Appellee v Michele Tyszka, Defendant-Appellee-Cross-Appellant Docket Number 148606, Court of Appeals of Michigan Submitted: 10 Feb 1993 Decided: 21 Jun 1993 Released for Publication: 24 Aug 1993 James N. Renfroe, Bingham Farms, for plaintiff-appellant. Prather & Foley, P.C. by Kenneth E. Prather and James R. Stearns, Detroit, for defendant-appelle. Before: Jansen, P.J.; Mark J.; Cavanagh, JJ; Schaefer, * JJ. [* Circuit judge, sitting on the Court of Appeals by assignment.] MARK J. CAVANAGH, Judge. Plaintiff Henry Tyszka, a Michigan resident, appeals as of right from a January 16, 1992, judgment […]

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE HENRY J. TYSZKA, Case No. 90-022578-DM Plaintiff, -V- Hon. Samuel A. Turner MICHELE TYSZKA, (P-21635) Defendant. _______________________/ OPINION REGARDING PENDING MOTIONS _______________________/ OPINION 1. Introduction and Facts This domestic relations case is presently before the Court on various motions of the parties requesting that the Court preserve or vacate the existing interim custody order, dated September 4, 1990, (hereinafter the Custody Order) by which the plaintiff/father Henry J. Tyszka (hereinafter the plaintiff) was awarded custody of the Parties’ minor children, Victoria (age 4 1/2) and Aleksander (age 1 […]

USA – MN – CONCEDDA – 2002 (Return ordered) CONCEDDA v CAVIGLIA. The mother removed the child from Italy to the United States. The father applies for the return under the Convention. The Court ruled that Italy was the habitual residence and that the removal was wrongful under Art. 3 of the Convention. The court requested that “the Italian Judicial authority provide a decision or other determination whether the removal of the child on September 28, 2000 was wrongful within the meaning of Article 3 of the Convention. In a response dated June 21, 2002, the Italian authority stated that […]

USA – NC – WERNER V RICHARDSON – 2000(Article 15 Declaration) WARNER v RICHARDSON. The father files a motion to remand the underlying action to wake County Superior Court. The petitioner’s motion to remand is granted. =========================================================== Warner v Richardson (EDNC 2000)No 5:00-CV-74-BO(3), Eastern Division of North Carolina 10 International Abduction (USA 2000) =========================================================== IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No 5:00-CV-74-BO(3) 12 May 2000 IN THE MATTER OF SETH WARNER, Infant JEFFREY R. WARNER Petitioner, V. TAMMY M. RICHARDSON Respondent. ORDER 001 This matter is before the Court on Petitioner’s […]

USA – NJ – BECKER – 1989(1989) (Return ordered) BECKER v BECKER. Father takes children to USA. Judge ordered the return of the children to Australia. SUPERIOR COURT OF NEW JERSEYCourthouse, CN 900 Morristown, New Jersey 07960-0900 (201) 285-6434 Chambers of: David S. Cramp, Judge. August 28, 1989 Dalena, Dalena & Allocca, Esqs. Jacoby & Myers, Esqs. 181 Main Street 26 Park Place Madison, NJ 07940 Morristown, NJ 07960 Re: Becker v. Becker Docket No. FD-14-14-90 Gentlemen: This will constitute the decision in this matter. This is an application by plaintiff, Julie Ann Becker in accordance with the terms of […]

USA – NJ – CARO – 1996(Return ordered-Twice) CARO v SHER. In 1993 the mother takes the children to the United Sates for vacation which she was allowed to do by agreement with the father and the court. The mother filed for divorce and custody in the U.S and retained the children there. The father filed for return to Spain. Following a hearing, the trial judge ordered the children returned to Spain holding that Spain was the habitual residence. There was no appeal and the children returned to Spain. In 1996 the mother took the children to the U.S. for […]

USA – NJ – IVALDI – 1996 (Family Part’s order is reversed) (Use of the UCCJA) IVALDI v IDALDI. This case is on appeal from the Family Part’s order directing the mother to return the child to the United States. The court held that the Family Part lacked subject matter jurisdiction and should have deferred to the divorce and custody proceedings that had already commenced in morocco. =========================================================== Ivaldi v Ivaldi (N.J.Super. 1996)288 N.J.Super. 575 [672 A.2d 1226] 2 International Abduction [USA 1996] =========================================================== Jean Jacques Marcel Ivaldi, Plaintiff-Respondent v Lamia Khribeche Ivaldi, Defedant-Appellant Superior Court of New Jersey, Appellate […]

USA – NJ – LOOS – 1994(1994) (Return denied) (Custody rights in Germany)(Mother had a right to take child) LOOS v MANUEL. This case does not involve the parents of the child. The child in question, Thomas, is currently residing with his maternal grandmother in Union, NJ.The petitioners are Ute and Klaus Loos. Ute is the sister of another man, Bernd Karkoseh, the mother had a child with. The second child, Kjhara, is not a subject of this hearing. The petitioners want the court to order the child be returned to Germany. The court ordered that the child not be […]

USA – NJ – Roskwoski v Roszkowski(Court ruled mother must return child from Poland)ROSZKOWSKI v ROSZKOWSKI. The mother sent the child to Poland. The father requested the court to order the return of the child. The mother and father remained in the U.S. The court took the case to determine if it had jurisdiction to determine the issue of custody and whether the court had jurisdiction to enter an order requiring the child to be returned from Poland to NJ. The court ruled that New Jersey was the child’s habitual residence and ordered that pursuant to The Hague Convention the […]

MICHELLE TAHAN DUQUETTE, Defendant-Appellant v. FRED TAHAN, Plaintiff-Respondent. A-2023-90T3 SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION 252 N.J. Super. 554 [600 A.2d 472] 24 Sep 1991, Submitted; 18 Nov 1991, Decided NOTCE: Approved for Publication 18 Dec 1991. PRIOR HISTORY: On appeal from the Superior Court, Camden County, Chancery Division, Family Part. COUNSEL: John T. Kubit, attorney for appellant (Mr. Kubit on the brief). Teich, Groh and Frost, attorneys for respondent (Carol Oswald on the brief). JUDGES: Before Judges Pressler, Skillman and D’Annunzio. OPINION: The opinion of the court was delivered by D’ANNUNZIO, J.A.D. At issue in this custody dispute […]

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ONOPINIONS SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION A-5516-91T2F FRED TAHAN, FILING DATE APPELLATE DIVISION Plaintiff-Appellant, SEP 18 1992 v. MICHELLE DUQUETTE, Defendant-Respondent. Argued September 15, 1992 – Decided September 18, 1992 Before Judges Pressler, R. S. Cohen and Kestin. On appeal from the Superior Court, Chancery Division, Family Part, Camden County. Carol Oswald argued the cause for appellant (Teich, Groh and Frost, attorneys; Ms. Oswald on the brief). John T. Kubit argued the cause for respondent. The opinion of the court was delivered by KESTIN, J.A.D. In a prior appeal […]

SUPERIOR COURT OF NEW JERSEYCAMDEN COUNTY CAMDEN COUNTY HALL OF JUSTICE 5th Street and Mickle Boulevard Camden, New Jersey 06103-4001 Chambers of Vincent D. Segal, Judge October 14, 1992 Carol Oswald, Esquire John T. Kubit, Esquire TEICH, GROH & FROST P.O. Box 1386 691 State Highway 33 Mt. Laurel, NJ 08054 Mercerville Trenton, NJ 08619-4492 RE: FRED TAHAN v. MICHELLE (TAHAN) DUQUETTE FM-18356-88 Dear Counsel: The issue that remains to be decided by this court is the amount of counsel fees, if any, to be awarded in favor of defendant and against plaintiff pursuant to 42 U.S.C.S. 11607(b). In the […]

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION-FAMILY PART COUNTY OF CAMDEN DOCKET NO FM-18356-88 A.D. NO. A2023-90 T3 Fred Tahan v Michelle Duquette TRANSCRIPT OF RECORDED PROCEEDINGS Superior Court of New Jersey Hall of Justice Camden, New Jersey 24 Jun 1992 BEFORE THE HON. VINCENT D. SEGAL, J.S.C. Appearances: Carol Oswald, Esq., (Teich, Groh and Frost) on behalf of Fred Tahan. John T. Kubit, Esq., on behalf of Michelle Duquette COLLOQUY THE COURT: This is the matter of Fred Tehan versus Michelle Duquette, docket number is FM-18356-88. Counsel your appearances please. MS OSWALD: Carol Oswald, of the firm Teich, Groh […]

Brennan v Cibault (A.D. 4 Dept 1996)643 N.Y.S.2d 780 ================================================================= Before: Pine, J.P., and Fallon, Callahan, Doerr and Davis, JJ. Date: 10 May 1996 MEMORANDUM: Petitioner is a United States citizen and respondent is a French citizen. They met in New York in June 1990, while respondent was attending a summer session as Fordham University. Approximately one year later, petitioner moved to Paris, France, where the parties were married on November 30, 1991. Their daughter, Zoe, was born in France on February 17, 1994. With the exception of visits to petitioner’s mother in Oswego, New York, the parties lived in […]

USA – NY – BURTON – 1995 (Return denied) (habitual residence) BURTIN v OYEKAN. The mother took the children to the United States. The father applies for their return to England. The mother holds that the children were not habitual residences of England, but rather Nigeria where she feels they were settled. The court ruled that Nigeria was in fact the habitual residence of the children and dismissed the petition for return to England. =========================================================== FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK: PART VIII ======================================x : IN THE MATTER OF : : DAVID BURTON, : Petitioner, […]

USA – NY – COHEN – 1993 (Return denied) COHEN v COHEN. (Habitual Residence) The father seeks the return of the children to Israel. The mother feels that the residence of the children is the United States and feels that any custody decisions should be made in the US. The father took the children to Israel for a visit (as claimed by the mother). The father failed to return the children. The mother went to Israel and left with the children for the US. The father applies for their return. The court ruled the habitual residence was the US and […]

27. USA – NY – CROFTON – 1992 (Return ordered) CROFTON V CROFTON. Mother removes the children from the UNITED KINGDOM to USA. Father seeks relief pursuant to the Hague Convention. Children are ordered returned to the UK by the New York court. ================================================================ FAMILY COURT OF NEW YORK COUNTY OF ORANGE Family File No. 15461 O-254-92 V-2211/2212-92 X-2905/2906-92 Martha Crofton vs John Crofton DECISION AND ORDER 02 Jul 1992 HON. ANDREW P. BIVONA Robert D. Arenstein, Esq. 295 Madison Ave. New York, NY 10017 Attorney for John Crofton Erik Indzonka, Esq. LEGAL AID SOCIETY OF ORANGE COUNTY, INC. P.O.Box […]

David B. v Helen O. (Fam.Ct. 1995)625 N.Y.S.2d 436 ================================================================= This matter is before the court by petitioner father’s Motion for Return pursuant to the Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”) as implemented in the United States by the International Child Abduction Remedies Act, 42 U.S.C.  11601-11610. Petitioner alleges that the parties’ two minor children were wrongfully retained by the respondent mother in the United States. Petitioner, who lives in the United Kingdom (England), seeks the return of the children to that country. Respondent objects to the return and seeks dismissal of the […]

David S. vs Zamira S. Docket Number: V 196959-60/90, dated 31 Jan 1991 Hon PAULA J. HEPNER, Judge of the Family Court Family Court of the State of New york County of Kings 283 Adams Street New York, New York Appeareances: Mark A. Feldman, Esq., for the Petitioner 440 Avenue P Brooklyn, New York 11223 Harvey S. Jacobs, Esq., for the Respondent 26 Court Street Brooklyn, New York 11242 DECISION AND ORDER On December 18, 1990 an order of the Supreme Court of Ontario, dated November 27, 1990, was filed in this Court by the petitioner. The order was filed […]

USA – NY – DICKBAUER – 1996 (1996) (Return denied) DICKBAUER v DICKBAUER. Mother took child to United States. Father asks that the child be returned to Austria. The Court determined that the habitual residence of the child was the United States and that New York was the proper forum to hear all matters concerning custody and visitation. Dickbauer v Dickbauer (Fam. Ct. NY 1996)City and County of New York Docket No V-11789/95 ================================================================= FAMILY COURT OF THE STATE OF NEW YORK CITY OF NEW YORK : COUNTY OF NEW YORK In the Matter of MICAH MADDEN : Docket No. […]

Hadjittofi vs Hadjittofi (New York 1996)Family Court Docket Number V-2008/9-96 =========================================================== STATE OF NEW YORK COUNTY OF MONROE FAMILY COURT ____________________________________________ Daniel Hadjittofi, Petitioner, vs Docket No: V-2008/9-96 Catherine Ann Orlando Hadjittofi, Respondent. ____________________________________________ APPEARANCES: Vincent D. Cardone, Esq. Thomas D. Calandra, Esq. Attorneys for Petitioner Kaman, Berlove, Marafioti, Jacobstein & Goldman Deborah A. Crowder, Esq. Of Counsel Robert D. Arenstein, Esq. Co-Counsel Attorneys for Respondent Margaret A. Burt, Esq. Law Guardian DECISION and ORDER The facts of thin case are largely undisputed. The parties met as students while attending Hamilton College in Clinton, New York in 1980. The petitioner […]

Matter of LL. Children (New York 2000)New York County Family Court, 22 May 2000 11 International Abduction (USA 2000) =========================================================== Judge Jurow MATTER OF LL. CHILDREN 001 Petitioner father, a Dutch citizen, seeks the return of his two children and their half-sister to the Netherlands pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (1980), T.I.A.S. No. 11670, 1343 U.N.T.S. 89 (the “Convention”), as implemented in the United States by the International Child Abduction Remedies Act, 42 U.S.C.  11601 et seq. He alleges that the children were wrongfully removed by the respondent mother from their […]

USA – NY – SHEIKH – 1989 (Return ordered) SHEIKH v CAHILL. The father did not return the 9 year old child to the UK following summer visitation in the US. The mother applies for the child’s return under the Hague Convention. The court ruled that the childís habitual residence was the UK and the retention was unlawful. The child is ordered returned. ================================================================ Sheikh v Cahill (Supp. 1989)546 N.Y.S.2d 517 ================================================================ Anwar Sheikh v Margaret Sheikh Cahill 546 N.Y.S.2d 517 (Supp. 1989) Supreme Court, Kings County, William Rigler, Judge 15 Sep 1989, Index No 336/83 David A. Feinerman, Brooklyn, […]

Kaplan-White v White (A.D. 2 Dept 1995)632 N.Y.S.2d 581 Leave to appeal denied 87 N.Y.2d 805 [663 N.E.2d 920] 2 International Abduction [USA 1995] =========================================================== In the Matter of: Appellant: Eileen Kaplan-White v. Respondent: Anthony White 02 Oct 1995 Before O’BRIEN, J.P., and COPERTINO, SANTUCCI and JOY, JJ. MEMORANDUM BY THE COURT. 001 In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (McLeod, J.), dated October 26, 1993, which directed the infant child of the parties’ marriage to be remanded to Commissioner of Social Services of […]

USA – OH – CIOTOLA – 1997 (Return ordered) CIOTOLA v FIOCCA The mother took the child to Ohio, USA for a visit (their third). The mother did not return the child to Italy as the father thought she would. The father applies for the child’s return under the Hague treaty. The Magistrate determined that the habitual residence was Italy and that the father was exercising his custodial rights at the time removal and retention. The magistrate also found that there was no risk to the child to be returned to Italy. The mother appeals, the appeals court rejects the […]

USA – OH – COFFIELD – 1994 (1994) (Return Ordered on Appeal) KEEN v COFFIELD. Lower court ordered the child returned to Australia with the mother. Father appealed, lower court order was affirmed, the child was ordered returned. In re Petition for Coffield (Ohio App. 11 Dist 1994)644 N.E.2d 662 03 Jun 1994 ============================================================== This appeal has been taken from a final judgment of the Juvenile Division of the Portage County Court of Common Pleas. Following the filing of the notice of appeal, the parties to this appeal expressly agreed to waive the time requirements under the Ohio Rules of […]

USA – OH – SCHROEDER – 1995 (Return denied) (Acquiesced) SCHROEDER v PEREZ. The mother took the child to Ohio, USA with the permission and knowledge of the father. The father made no support payments for either the mother or child. The father knew, at all times, the whereabouts of the child, but made no effort to visit. The father informed the mother that he was in love with another woman and that he did not want her to return to Spain. The court ruled that the retention was not wrongful and that the father had acquiesced to the mother […]

Crall-Shaffer v Shaffer (Ohio App. 1 Dist 1995)663 N.E.2e 1346 8 International Abduction [USA 1995] =========================================================== Crall-Shaffer, Appellant v Shaffer, Appellee No C-940589, 19 Jul 1995 Taft, Stettinius & Hollister and Thomas E. Grossmann, Cincinnati, for appellant. Thompson, Hine & Flory and Gerald W. Simmons, Cincinnati, for appellee. PER CURIAM. 001 Plaintiff-appellant Jane Crall-Shaffer (“the mother”) and defendant-appellee Gregory Shaffer (“the father”) are United States citizens with family in Cincinnati, Ohio. The parties were, married in 1982, and a son, Brook Shaffer (“the child”), was born to them in 1985. In 1988, the family moved to Paris, France, where the […]

USA – PA – Alexandra v Rowan(Return denied by Swiss court) (Father abducts while his appeal is pending) (“Self-help”) ROWAN v ROWAN. The mother takes the child to Switzerland for a visit. She informs the father that she will not be returning to the United States. The father applies under The Hague Convention for the child’s return. The trial court denies the return. The father appeals the trial court’s decision. The decision was upheld by the intermediate court of appeal. The father then appealed to the highest court in Switzerland. While on appeal to the high court, the father abducts […]

USA – SC – KEANE – 1991 (Return ordered) KEANE V BRADLEY. The father, with the mother’s permission, took the child to the US for a visit. The mother was assured that the child would be returned, the father buying a return ticket for the child. When the father got to the US he did not return the child as promised. The mother files for return from South Carolina under the Hague Convention. The child is ordered returned. ================================================================ STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT FOR THE) FIFTH JUDICIAL CIRCUIT COUNTY OF RICHLAND ) 91-DR-40-0667 ) PATRICIA […]

USA – TX – FLORES- 1998 (Return ordered) (FLORES v CONTRERAS). The lower court ruled that Mexico was the habitual residence of the child and that the father wrongfully retained the child in the USA. The father appeals the lower court decision. The appeals court affirmed the lower courts ruling. =========================================================== Flores v. Contreras (Tex.App. Dist. 4 1998)981 S.W.2d 246 28 International Abduction [USA 1998] =========================================================== Flores v. Contreras 981 S.W.2d 246 (Tex.App. Dist.4 1998) Texas Court of Appeals No. 04-97-00742-CV 17 Jun 1998 JOSE RUBEN FLORES, APPELLANT v. BEATRIZ MARTINEZ CONTRERAS, APPELLEE Sitting: Phil Hardberger, Chief Justice Tom Rickhoff, […]

USA – TX – TAZI – 2001. (Return ordered after six years)(Tolling of Time) The father removes the children from France and hid them from 1994 until found. The court found the respondent’s active concealment of the children’s whereabouts is the reason for the passage of time between removal and discovery and that the one year under the Convention’s Article 12 is Tolled (Also see Lops v Lops for tolling of time) In the Interest of Tazi (District Court 2001)301st Judicial District, Dallas County, TX Cause No. 00-22189-T/301st 3 International Abduction [US 2001] ========================================================== IN THE DISTRICT COURT 3O1st JUDICIAL […]

NO. 91-14556-S IN THE MATTER OF | IN THE DISTRICT COURT OF THE MARRIAGE OF FN1 | | PATRICIA BURRIS ZIMMERMANN | AND | JEREMY ZIMMERMANN | DALLAS COUNTY, TEXAS | AND IN THE INTEREST OF | | AMY CHARIS ZIMMERMANN AND | JACK FLETCHER ZIMMERMANN, | CHILDREN. | 255TH JUDICIAL DISTRICT ORDER DIRECTING RETURN OF MINORS TO COUNTRY OF HABITUAL RESIDENCE On the l4th day of October, 1991, the Court heard Petitioner’s Appeal of the Master’s Recommendation of September 30, 1991 on JEREMY ZIMMERMANN’S Petition for Return of the Children pursuant to the Hague Convention. FN2 Petitioner, PATRICIA BURRIS […]

USA – WA – IERONIMAKIS – 1992 (This is not a Hague Case, extensive reference to UCCJA) IERONIMAKIS v IERONIMAKIS. The mother took the children to the US. The US court, after communication with the Greek court, ruled that the matter of custody was best heard in the Greek court. The Greek court ruled in the mother’s favor and said the father would not get the children and the children would remain in the US. The US courts then gave custody to the mother with supervised visits to the father. The father files this appeal. The court affirmed the decree […]

USA – WALTON – 1996 (1996) (Return ordered) WALTON v WALTON, Mother took children to the United States. Father sought to have his child returned to Australia. (Mother had a son by a previous marriage) Court ordered the child returned to Australia. Walton v Walton (S.D.Miss. 1996)925 F.Supp. 453 ================================================================= IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION ROY WALTON, PLAINTIFF VERSUS CHARLOTTE CORNETT WALTON, DEFENDANT CIVIL ACTION NO. 1:96-CV-225RR MEMORANDUM ORDER Dan M. Russell, Jr., District Judge This cause is before this Court on the Plaintiff’s Verified Petition and Request for Writ of […]

In re Marriage of Ward (Cal.App. 4 Dist 1 Div 1992)3 Cal.App.4th 618 [4 Cal.Rptr.2d 365] ================================================================= COUNSEL: James Michael Ward, in pro. per., for Appellant. Kate Yavenditti for Respondent. [* page 621] OPINION MAJORITY: WORK, Acting P. J. – James Michael Ward appeals an order awarding attorney fees and costs to Emily Ward Hayes’s pro bono counsel, payable to the San Diego Volunteer Lawyer Program (SDVLP). He essentially contends the trial court abused its discretion in awarding attorney fees, because representation was provided by SDVLP at no charge to Hayes and, in any event, the award was inappropriate and […]

STATE OF WISCONSIN : CIRCUIT COURT : MILWAUKEE COUNTYBRANCH 3 —————————————————————– In re the marriage of: DAVID HALLAM, Petitioner, -and- Case No. 698-067 CHARLOTTE HALLAM, Respondent. —————————————————————– SEPTEMBER 19, 1991 HON. PATRICIA S. CURLEY CIRCUIT COURT JUDGE, PRESIDING TRANSCRIPT OF PARTIAL PROCEEDINGS APPEARANCES MARTIN P. GAGNE, Attorney at Law, appeared on behalf of the Petitioner. KATHY L. NUSSLOCK, Attorney at Law, appeared on behalf of the Respondent. Respondent Present in Court; Petitioner Not Present in Court. Judith Sebold Official Reporter PROCEEDINGS THE COURT: Well, the first thing I would like to do is to compliment I guess all lawyers rather […]

USA – WI – LONG – 2001 LONG v ARDESTANI. The mother appeals a decision of the lower court denying her motion to prohibit her former husband from traveling to Iran. The lower court decision is affirmed. NOTE FROM KRISTINE UHLMAN “the judge had first required that all 4 children travel to Iran – on appeal, the judge said that only if the children wanted to travel to Iran they could go – only 1 of the 4 children wanted to go to Iran (to see the sick grandmother) – the youngest child, age 9 – and the father took […]

USA – FL – HAEFELI – 1989 (Return ordered) HAEFELI v WARREN. The father keeps the child in England following a scheduled visitation. The father takes the child to Israel, Egypt, and the United States. The court ruled that the child was wrongfully removed and ordered the child returned to Switzerland. ================================================================= Court: Circuit Court of the 20th Judicial District, CollierCounty, Florida. Number: 89-0459-CA-01-CTC Applicant: Katharina Haefeli and Respondent: Derek Warren Date: 21 Feb 1989 ================================================================= IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA IN RE: The Application of ) ) KATHARINA HAEFELI, […]

DS vs VW (Canada 1996) [1996] 2 S.C.R.108 15 International Abduction [FRG 1996] =========================================================== —————————————– W. (V.) v. S. (D.) [1996] 2 S.C.R.108 —————————————– D.S. Appellant v. V.W. Respondent and J.S. Mis en cause and Rodrigue Blais Mis en cause Indexed as: W. (V.) v. S. (D.) File No.: 23765. 1995 December 6; 1996 May 2. Present: Lamer C.J. and LaForest, L’Heureux-Dub‚, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ. ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC 001 Family law — Wrongful removal or retention of child — Custody of child granted to father and access rights granted […]

Hague Conference on Private International Law – Child Abduction Preliminary Document No. 2 SUMMARIES OF GERMAN DECISIONS ON THE HAGUE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION. [English Version Only] Illustrative Document Prepared by Dagmar Schreiber for the Permanent Bureau of the Hague Conference on Private Internatinal Law Preliminary Document No. 2 of November 1992 for the attention of the Special Commission of January 1993 ================================================================= (1) 20 and 28 DECEMBER 1990 Amtsgericht DETMOLD, Beschlsse vom 20.12.90 und 28.12.90, AZ 16F 361/90 United States (Indiana) Result: Decision of 20 December 1990: The father was […]