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Search results (140)

  • 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)

  • 2009 | HC/E/AT 1045 | AUSTRIA | Superior Appellate Court |
    1Ob176/09b, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Article(s)

    1 3 5 13(1)(b) 26

    Ruling

    Appeal by the mother (the taking parent) dismissed: the removal was wrongful and none of the grounds for exception invoked were applicable. The father's appeal was partially allowed: removal of the condition of taking protective measures.

  • 2009 | HC/E/CH 1075 | SWITZERLAND | Superior Appellate Court |
    5A_427/2009, IIe cour civile, arrêt du TF du 27 juillet 2009
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16 | Procedural Matters

    Article(s)

    1 3 11 16 26

  • 1993 | HC/E/AU 253 | AUSTRALIA | First Instance |
    In the Marriage of McOwan v. McOwan (1994) FLC 92-451, [1993] FamCA 130, (1994) 17 Fam LR 337
    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.

  • 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.

  • 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.

  • 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/USf 386 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    March v. Levine, 249 F.3d 462 (6th Cir. 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 11 12 13(1)(b) 14

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

  • 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.

  • 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).

  • 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.

  • 2010 | HC/E/CZ 1159 | European Court of Human Rights (ECrtHR) |
    Macready c. République tchèque (Requêtes Nos 4824/06 et 15512/07)
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    1 3 7 11 12 13(1)(a) 13(1)(b) 13(2) 16 21 13(3)

    Ruling

    Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

  • 2010 | HC/E/FR 1164 | LUXEMBOURG | Superior Appellate Court |
    Cour de cassation, 6 mai 2010, No 32/10
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    1 2 3 11 18 29

    Ruling

    Appeal dismissed; the father had applied for return only in the event that he should be awarded custody of the children.

  • 2012 | HC/E/GR 1246 | GREECE | Appellate Court |
    Court of Appeal of Thessaloniki, decision 2207, 3 December 2012
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 5 11 12 13(1)(b) 14 16 17 29

    Ruling

    Appeal upheld and return refused; the retention was wrongful, but a return to the United Kingdom would expose the child to a grave risk of physical, and most importantly, psychological harm.

  • 2001 | HC/E/BE 526 | BELGIUM | First Instance |
    N° de rôle : 01/6584/A
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 3 5

    Ruling

    Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having 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.