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HC/E/PA 1341 PROD c/ DDMV An appellate decision from the Tribunal Superior de Niñez y Adolescencia in Panama declaring that the removal of the child to Venezuela was wrongful and the grave risk exception of Article 13(1)(b) raised by the mother was not established. When the decision was rendered, the mother's appeal against the rejection of her application to Panama's National Office for Refugees to recognize her and her child's status as refugees was examined. However, the Court considered that this was not an impediment to order the return of the child to the State of habitual residence.
HC/E/AR 1340 F. C. del C. F. c/ T. R. G. s/ Reintegro de hija A decision of the Supreme Court of Argentina confirming the previous decisions ordering the return of the child. The Court considered that the removal was wrongful and that the exceptions stipulated in Article 13(1)(b) and 13(2) of the 1980 Hague Child Abduction Convention were not applicable. During the proceedings, the Court analysed the applicable legal framework, i.e., the 1980 Hague Convention and the Inter-American Convention on the International Return of Children of Montevideo.
HC/E/SV 1339 05-J2(230)-2012-3 A decision from the Appeals Court for Children's Matters of El Salvador (Cámara Especializada de la Niñez y Adolescencia) considering, i.a., the application of Article 13(1)(a) in a case where the father had given authorisation so the children could leave the United States of America to go live under the care of their grandmother and aunt while he devoted himself fully to taking care of the ailing mother.
HC/E/DO 1338 G. M. c. V. M. de H. s/ reintegro de hijo A decision from the Corte de Apelación de Niños, Niñas y Adolescentes of the Dominican Republic holding, i.a., that the taking parent's statement that she had returned to her home State because she lived in poor conditions in the requesting State and had no job did not justify the retention of the child.
HC/E/ 1337 Adžić v. Croatia (Application No 22643/14) A decision of the European Court of Human Rights holding, by six votes to one, that there had been a violation of Article 8 of the European Convention on Human Rights (right to respect for family life). The Court concluded that the time it took for the Croatian domestic courts to adopt the final decision failed to meet the urgency of the situation and could not be viewed as being in compliance with the positive obligation to act expeditiously in proceedings for the return of children. The Court further concluded that by not extending the application of a procedural rule contained in the Croatian Family Act, the domestic courts had not used the most expeditious procedure as required in Article 2 of the 1980 Hague Child Abduction Convention.
HC/E/ 1336 M.A. v. Austria (Application No 4097/13) A decision of the European Court of Human Rights holding that there had been a violation of Article 8 of the European Convention on Human Rights (right to respect for family life). The Court concluded that the Austrian authorities had failed to act swiftly to enforce an Italian court order ordering the return of the child to Italy, that the available procedural framework in Austria did not facilitate the expeditious and efficient conduct of the return proceedings and that, therefore, the left-behind father had not received effective protection of his right to respect for his family life.
HC/E/USf 1335 Mendoza v. Silva, 987 F.Supp.2d 910 A decision of the United States District Court for the Northern District of Iowa, Western Division, concerning a motion for attorney's fees and expenses by the left-behind parent considering Art. 26 of the Hague Child Abduction Convention and the pertinent provision of the implementing legislation of the United States of America (ICARA).
HC/E/USf 1334 Mendoza v. Silva, 987 F.Supp.2d 883 A decision of the United States District Court for the Northern District of Iowa, Western Division, in which, in a case concerning a wrongful retention of two children in the United States of America, consideration is given to the interpretation of habitual residence and consent as well as to the question whether the return order can be stayed until the children have completed the school year.
HC/E/ 1333 Bradbrooke v. Aleksandrowicz (C‑498/14 PPU) A decision of the Court of Justice of the European Union giving consideration to the application of Arts 11(6) to (8) of the Brussels IIa Regulation in a case where a child, who was habitually resident in Belgium, was wrongfully retained in Poland and the child's return was refused on the basis of Art. 13(1)(b) of the 1980 Hague Child Abduction Convention.
HC/E/NZ 1120 W. v. S. [2011] NZFLR 49 A decision of the Family Court of New Plymouth, New Zealand concerning the grave risk of harm defence under Article 13(1)(b).
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