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Search results (138)

  • 2000 | HC/E/USf 313 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Croll v. Croll, 229 F.3d 133 (2d Cir. September 20, 2000 cert. den. Oct. 9, 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Appeal allowed, application dismissed

    Article(s)

    1 3 5

    Ruling

    Appeal allowed and application dismissed; the removal was not wrongful as the father did not possess rights of custody at the time of the removal.

  • 1998 | HC/E/DE 322 | GERMANY | First Instance |
    562 f 4374/98, Familiengericht München (Family Court of Munich) (Germany), 23 October 1998
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    1 3 12(1)

    Ruling

    Application dismissed; the retention was not wrongful as the child was habitually resident in Germany at the relevant date.

  • 1993 | HC/E/AU 253 | AUSTRALIA | First Instance |
    In the Marriage of McOwan v. McOwan (1994) FLC 92-451
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Undertakings

    Article(s)

    1 7

    Ruling

    No order made; undertakings and the post return situation considered.

  • 1994 | HC/E/IE 240 | IRELAND | Superior Appellate Court |
    P. v. B. (Child Abduction: Undertakings) [1994] 3 IR 507
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Undertakings

    Order

    Appeal allowed, return ordered with undertakings offered

    Article(s)

    1 3 13(1)(a)

    Ruling

    Appeal allowed and return ordered with undertakings offered; the father had not acquiesced in terms of Article 13(1)(a).

  • 1994 | HC/E/IL 356 | ISRAEL | Appellate Court |
    E. v. E., 20 January 1994, C.A. 6056/93, Bagatz 6860/93, The Supreme Court of Israel, sitting as a Court of Civil Appeals and as the High Court of Justice
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 2 3 4 12 13(1)(a) 13(1)(b) 13(2)

    Ruling

    Appeal dismissed; return ordered; the removal was wrongful as the father's right of custody had been breached, and none of the exceptions raised by the mother had been proved.

  • 1998 | HC/E/IS 365 | ICELAND | Superior Appellate Court |
    M. v. K. 20/02/1998; Iceland Supreme Court
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5

    Ruling

    Appeal dismissed and return ordered; the removal breached the mother's rights of custody and was therefore wrongful.

  • 2007 | HC/E/PA 681 | PANAMA | Superior Appellate Court |
    J. E. M. D. c. M. de J. B s / reintegro de hijo
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 2 3 4 12 13(1)(b)

    Ruling

    Appeal allowed, return ordered; the removal was wrongful and the grave risk of harm envisaged by Art. 13 (1)(b) was not proved.

  • 1990 | HC/E/AT 572 | AUSTRIA | Superior Appellate Court |
    1Ob614/90 Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    1 3 5

    Ruling

    Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

  • 2007 | HC/E/CA 728 | CANADA | First Instance |
    Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Order

    Return refused

    Article(s)

    1 3 4 5 13(1)(b) 14

    Ruling

    Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

  • 1996 | HC/E/AT 559 | AUSTRIA | Superior Appellate Court |
    4Ob2378/96a, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in FR
    Grounds

    Interpretation of the Convention

    Article(s)

    1 16

  • 2002 | HC/E/CA 754 | CANADA | Appellate Court |
    J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 12 13(1)(a) 13(1)(b) 13(2) 16 13(3)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

  • 1996 | HC/E/CA 759 | CANADA | Appellate Court |
    Kinnersley-Turner v. Kinnersley-Turner (1996), 140 D.L.R. (4th) 678 (Ont. C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5 6 12

    Ruling

    Appeal dismissed and return ordered; the child was habitually resident in England at the time of the removal.

  • 2006 | HC/E/CH 895 | SWITZERLAND | Superior Appellate Court |
    5P.380/2006 /blb; Bundesgericht, II. Zivilabteilung (Tribunal Fédéral, 2ème Chambre Civile)
    Languages
    No full text available
    Summary available in FR
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 13(1)(a)

  • 2000 | HC/E/IS 366 | ICELAND | Superior Appellate Court |
    M. v. K. 12/12/2000; Iceland Supreme Court
    Languages
    Full text download IS
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 5 13(2) 15

    Ruling

    Appeal allowed and return ordered; the Convention was applicable and the retention was wrongful while Article 13(2) had not been proved to the standard required.

  • 1996 | HC/E/CA 369 | CANADA | First Instance |
    Y.D. v. J.B., [1996] R.D.F. 753 (Que.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 13(1)(b) 20

    Ruling

    Return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met. The Court also ruled that the Convention did not violate the Canadian Charter of Rights and Freedoms.

  • 1994 | HC/E/CA 372 | CANADA | Appellate Court |
    Hoge v. Hoge [1994] AJ No. 1036, (1994) 162 AR 397, (1994) 10 RFL (4th) 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Appeal allowed, application dismissed

    Article(s)

    1 3

    Ruling

    Appeal allowed and application dismissed; the retention was not wrongful as no rights of custody had been breached.

  • 1998 | HC/E/AT 383 | AUSTRIA | Superior Appellate Court |
    7Ob72/98h, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

    Article(s)

    1 3 5 12 14 17

    Ruling

    Challenge to legality dismissed; while the return proceedings were pending, the authorities in the children's State of habitual residence had granted the mother custody.

  • 2001 | HC/E/NZ 535 | NEW ZEALAND | First Instance |
    Secretary for Justice v. A., ex parte B.
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    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)

    1 3 12 13(1)(a) 13(1)(b) 13(2)

    Ruling

    Return ordered; the children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.

  • 2001 | HC/E/USf 485 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Fawcett v. McRoberts, 168 F.Supp.2d 595 (W.Va. 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 3 5 13(1)(b)

    Ruling

    Return ordered: the removal was wrongful, being in breach of actually exercised rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

  • 2002 | HC/E/FR 512 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 19 mars 2002, N° de pourvoi 00-17.692
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

    Article(s)

    1 3 12 16 17

    Ruling

    Challenge to legality dismissed; at the time the return application was made the retention of the child was not wrongful.