Latest Decisions

  • Added on: 18 November 2020

    Order issued by Koblenz Higher Regional Court – 13 UF 67/20 |GERMANY |HC/E/DE 1491

    Languages
    No full text available
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a) 13(1)(b)

    Ruling

    The mother’s complaint appeal (Beschwerde) was rejected and the order for return was maintained with the specification that the child was to be returned to Spain but not necessarily to Madrid.

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  • Added on: 18 November 2020

    Order issued by Thuringia Higher Regional Court – 2 UF 485/19 |GERMANY |HC/E/DE 1490

    Languages
    No full text available
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b)

    Ruling

    The mother’s complaint appeal was rejected and the order to return the children remained in place.

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  • Added on: 18 November 2020 |Appellate Court

    A.W. vs. L.O.D.|PANAMA |HC/E/PA 1489

    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 7 13(1)(b)

    Ruling

    Appeal allowed; return ordered. The Appellate Court held that the Article 13(1)(b) exception was not established.

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  • Added on: 18 November 2020 |Appellate Court

    A.G.O. s/ Restitución Internacional|PARAGUAY |HC/E/PY 1488

    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Ruling

    Appeal rejected. Return ordered.

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  • Added on: 11 November 2020 |Appellate Court

    Simpson v Hamilton [2020] NZSC 42 |NEW ZEALAND |HC/E/NZ 1487

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    13(2) 12(2)

    Ruling

    The Supreme Court dismissed the appeal. 

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  • Added on: 1 November 2020 |Appellate Court

    BMC v BGC [2020] HKCA 317|CHINA (HONG KONG, SAR) |HC/E/1486

    Languages
    Full text download EN
    Summary available in EN
    Order

    Appeal dismissed, return refused

    Article(s)

    3

    Ruling

    The court considered the jurisprudence on habitual residence and upheld the finding of the first instance judge: that the child’s residence in the USA had not acquired the necessary degree of stability to become habitual.  On the established principles, there was no basis to interfere with the judge’s finding.

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  • Added on: 1 November 2020 |First Instance

    BMC v BGC [2020] HKEC 372|CHINA (HONG KONG, SAR) |HC/E/CNh 1485

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Order

    Return refused

    Article(s)

    3

    Ruling

    The court held that the child’s habitual residence remained in Hong Kong. In light of this decision, the retention of the child in Hong Kong could not be considered wrongful. 

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  • Added on: 1 November 2020 |Appellate Court

    Simpson v Hamilton [2019] NZCA 579|NEW ZEALAND |HC/E/NZ 1484

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal dismissed, return refused

    Article(s)

    13(2) 12(2)

    Ruling

    The Court of Appeal dismissed the appeal and refused to order the return of the child. 

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  • Added on: 1 November 2020 |Appellate Court

    Rubio v Castro No. 19-3740 |UNITED STATES OF AMERICA |HC/E/US 1483

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b)

    Ruling

    The Court of Appeals upheld the District Court decision and ordered the return of the child.

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  • Added on: 18 October 2020 |First Instance

    Sabeahat v. Sabihat FS-18-0099 |CANADA - ONTARIO |HC/E/CA 1482

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Interpretation of the Convention | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

    Order

    Return refused

    Article(s)

    13(1)(b) 20

    Ruling

    The application for return was dismissed. There was enough evidence to show that there was a grave risk of harm if to the children if they returned to Israel. The judge refused to order the return based on Article 13(1)(b) and Article 20.

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