Latest Decisions

  • 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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  • Added on: 18 October 2020 |Superior Appellate Court

    Foxman v Foxman|ISRAEL |HC/E/IL 1481

    Languages
    No full text available
    Summary available in EN
    Order

    Appeal dismissed, return ordered

    Ruling

    Appeal dismissed. There were no grounds for reversing the decision of the District Court.

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  • Added on: 18 October 2020 |First Instance

    Foxman v Foxman|ISRAEL |HC/E/IL 1480

    Languages
    No full text available
    Summary available in EN
    Grounds

    Interpretation of the Convention | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    3 13(1)(b) 13(2)

    Ruling

    The judge ordered that the children should be returned to Quebec within 14 days.

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  • Added on: 4 October 2020 |First Instance

    Z A and BY and in the matter of K (a minor) [2020] NIFam 9|UNITED KINGDOM - NORTHERN IRELAND |HC/E/UKn 1479

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Return ordered subject to undertakings

    Article(s)

    13(1)(b)

    Ruling

    The judge ordered the return of the child but stated that the order would not take effect until protective measures had been put in place in the Netherlands.

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  • Added on: 4 October 2020 |Appellate Court

    Re P (Abduction: Child’s Objections) [2020] EWCA Civ 260|UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1478

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b) 13(2)

    Ruling

    The court dismissed the appeal and ordered the return of the children.

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  • Added on: 1 October 2020 |Appellate Court

    M (Children) (Non-Hague Convention State) [2020] EWCA Civ 277|UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1477

    Languages
    Full text download EN
    Summary available in EN
    Ruling

    The Court of Appeal dismissed the appeal and upheld the decision of the High Court.

    The court noted that, this case provides a clear example of the additional complications and potential obstacles which arise when parents disagree about whether their children should be permitted to travel between states which do not have reciprocal legal arrangements in force.

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  • Added on: 28 September 2020 |First Instance

    G v D [2020] EWHC 1476 (Fam)|UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1476

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return refused

    Article(s)

    13(1)(b)

    Ruling

    The court refused to order the return of the children. The Article 13(1)(b) exception had been made out and there would be a grave risk of harm to the children if they were returned.

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  • Added on: 19 September 2020 |Appellate Court

    OLG Thüringen - 1 UF 11 20 - 17 March 2020|GERMANY |HC/E/DE 1475

    Languages
    Full text download DE
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b)

    Ruling

    The court rejected the application for deferment of enforcement.

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  • Added on: 19 September 2020 |Appellate Court

    KG Berlin - 16 UF 22/20 - 6 April 2020|GERMANY |HC/E/DE 1474

    Languages
    Full text download DE
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    The complaint (Beschwerde) appeal lodged by the mother was refused, the child should be returned to the USA.

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  • Added on: 19 September 2020 |First Instance

    AG Pankow/Weißensee -13 F 8440/19 - 31 January 2020|GERMANY |HC/E/DE 1473

    Languages
    Full text download DE
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Order

    Return ordered

    Article(s)

    3

    Ruling

    The court ordered the return of the child to the United States to the district of the court competent for the father's place of residence within two weeks of the decision taking effect.

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