Latest Decisions

  • Added on: 1 July 2020 |Appellate Court

    Family Appeal 10701-04-20 R. v B.R.|ISRAEL |HC/E/1466

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    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters | Undertakings

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 4 13(1)(b) 14

    Ruling

    The Court dismissed the appeal and ordered the return of the child: the habitual residence of the child was in the United States, the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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  • Added on: 1 July 2020 |First Instance

    Family Case 52595-02-20 The Father vs. the Mother|ISRAEL |HC/E/IL 1465

    Languages
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    No summary available
    Order

    Return ordered

    Article(s)

    13(1)(b)

    Synopsis

    One child allegedly wrongfully retained at age 1 –Married parents – Father national of Israel – Mother national of Israel – Child lived in USA until 2019 – Application for return filed with the Tel Aviv Family Court of Israel on 20 February 2020 – Return ordered – Main issue: Article 13(1)(b) – COVID-19 did not amount to a grave risk of harm to the child, in fact the medical care for the child may be better in the USA than in Israel as they had medical coverage there.

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  • Added on: 1 July 2020 |First Instance

    ECLI: NL: RBDHA: 2020: 2561|NETHERLANDS - KINGDOM IN EUROPE |HC/E/US 1464

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    Full text download NL
    No summary available
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  • Added on: 28 June 2020 |First Instance

    IN v DK, N (a child) [2020] EWFC 35|UNITED KINGDOM - ENGLAND AND WALES |HC/E/GR 1463

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    No summary available
    Synopsis

    One child wrongfully removed at age 11 – Married parents – Father national of Greece – Mother national of Greece – Joint custody rights – Child lived in Greece until 2018 and then in the United Kingdom until 2020, he was habitually resident in the United Kingdom – Application for return filed with the Central Authority of England and Wales in March 2020 – Decision on inward return order deferred – Main issues: Inward return orders : the court should wait until the conclusion of the Greek proceedings under the 1980 Hague Convention before deciding on whether to make an inward return order; COVID-19 - Mother removed the child to Greece as she considered it to be a safer environment with regards to the COVID-19 pandemic.

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  • Added on: 28 June 2020 |First Instance

    AX v CY [2020] EWHC 1599 (Fam) |UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1462

    Languages
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    No summary available
    Order

    Return ordered

    Article(s)

    13(1)(b) 13(2) 20

    Synopsis

    One child wrongfully removed at age 6 – National of Spain – Father national of Bolivia – Mother national of Colombia and Spain – Mother primary carer and father exercising rights of contact, including staying contact – Child lived in Spain until September 2018  – Return ordered – Main issue: COVID-19 – due to travel restrictions between the UK and Spain it was acknowledged that a safe return may take more time to organise than usual, but that it should take place as soon as reasonably practicable.

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  • Added on: 28 June 2020 |First Instance

    M v G [2020] EWHC 1450 (Fam)|UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1461

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    No summary available
    Order

    Return ordered

    Article(s)

    13(1)(b)

    Synopsis

    One child wrongfully retained at age 4 – Separated parents – Father national of Australia – Mother national of United Kingdom – Joint custody rights – Child lived in Australia until August 2019 – Application for return filed in November 2019 – Return ordered  – Main issue: COVID-19 – due to the current travel restrictions in the UK and in Australia, a date would be fixed for the protective measures to be in place and a date thereafter for the child to return.

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  • Added on: 28 June 2020 |First Instance

    KR v HH [2020] EWHC 834 (Fam) |UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1460

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    No summary available
    Order

    Return ordered

    Article(s)

    13(1)(b)

    Synopsis

    One child wrongfully removed at age 12 – Joint parental responsibility, mother the primary carer of the child and the father had access rights – Child lived in Spain until February 2020  – Return ordered – Main issue: Article 13(1)(b), COVID-19 – the risk of physical harm presented by the pandemic – the risk of contracting COVID-19 during the return travel from the UK to Spain was not sufficient to amount to the “grave risk” of physical harm required by Art. 13(b).

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  • Added on: 28 June 2020 |First Instance

    Stefanska v. Chyzynski, 2020 ONSC 3570|CANADA - ONTARIO |HC/E/CA 1459

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    No summary available
    Order

    Return ordered

    Article(s)

    26

    Synopsis

    Two children wrongfully removed - Children lived in Poland until their removal to Canada – Return ordered – Main issue: COVID-19 delay to return due to travel restrictions – a date was set for the return to Poland accompanied by an order to account for the possibility that travel would be further delayed until August 2020. 

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  • Added on: 28 June 2020 |First Instance

    Onuoha v. Onuoha, 2020 ONSC 1815 |CANADA - ONTARIO |HC/E/CA 1458

    Languages
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    No summary available
    Synopsis

    Two children allegedly wrongfully removed – Children lived in Nigeria until October 2019 – Main issue: COVID-19 determination of urgency - The present application for return under the 1980 Hague Convention was not an ‘urgent’ matter that should be dealt with during the suspension of regular court operation. 

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  • Added on: 28 June 2020 |First Instance

    Kirn v. Kirn, 2020 ONSC 2159 |CANADA - ONTARIO |HC/E/CA 1457

    Languages
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    No summary available
    Order

    Return ordered

    Article(s)

    3

    Synopsis

    Two children wrongfully removed and retained – Children lived in the United States of America until November 2019 – Return ordered – Main issue: COVID-19 determination of urgency – Hague Convention abduction applications are urgent matters that should be dealt with, even during the suspension of regular court operation.

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