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Search results (289)

  • 1994 | HC/E/UKe 22 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re K. (Abduction: Child's Objections) [1995] 1 FLR 977, [1995] Fam Law 468
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Acquiescence - Art. 13(1)(a)

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

  • 1993 | HC/E/UKs 26 | UNITED KINGDOM - SCOTLAND | First Instance |
    McCarthy v. McCarthy [1994] SLT 743
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    Return ordered; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had not been met.

  • 1994 | HC/E/NZ 92 | NEW ZEALAND | Appellate Court |
    Boy v. Boy [1994] 12 FRNZ 517
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.

  • 1997 | HC/E/USs 99 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Ciotola v. Fiocca, 86 Ohio Misc. 2d 24, 684 N.E.2d 763 (Ohio Com. Pl. 1997)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Human Rights - Art. 20 | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 6 8 12 13(1)(a) 13(1)(b) 20

    Ruling

    Appeal dismissed and return ordered; the child's place of habitual residence prior to the wrongful retention was Italy. The standard required under Article 20 had not been met.

  • 1986 | HC/E/UKs 116 | UNITED KINGDOM - SCOTLAND | First Instance |
    Kilgour v. Kilgour 1987 SC 55
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12

    Order

    Application dismissed

    Article(s)

    3 12

    Ruling

    Appeal dismissedĀ as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

  • 1993 | HC/E/NZ 89 | NEW ZEALAND | Appellate Court |
    Adams v. Wigfield [1993] 11 FRNZ 270
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    12 13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

  • 1992 | HC/E/UKe 204 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re F. (Minors) (Abduction: Habitual Residence) [1992] 2 FCR 595
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    3 12 15

    Ruling

    Application dismissed; the children were not habitually resident in Canada at the relevant date.

  • 1989 | HC/E/USs 206 | UNITED STATES - STATE JURISDICTION | First Instance |
    Sheikh v. Cahill, 145 Misc. 2d 171, 546 N.Y.S.2d 517 (Sup. Ct. 1989)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    3 4 12 13(1)(b) 13(2) 19

    Ruling

    Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

  • 1997 | HC/E/UKe 166 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re S. (Child Abduction: Delay) [1998] 1 FLR 651
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

  • 1994 | HC/E/UKs 183 | UNITED KINGDOM - SCOTLAND | First Instance |
    Bordera v. Bordera 1995 SLT 1176
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 12 14 15 21

    Ruling

    Return ordered; the removal breached custody rights held by the father.

  • 1993 | HC/E/AU 254 | AUSTRALIA | Appellate Court |
    Police Commissioner of South Australia v. Temple (No 2) (1993) FLC 92-424
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Undertakings

    Article(s)

    11 12

    Ruling

    Appeal allowed and return ordered, with the imposition of far reaching undertakings being refused. The Australian implementing legislation did not empower a court to place conditions on the return of a child.

  • 1990 | HC/E/AU 256 | AUSTRALIA | First Instance |
    In the Marriage of Brandon v. Brandon (1991) 14 Fam. LR 181
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12

    Ruling

    Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

  • 1996 | HC/E/IT 300 | ITALY | First Instance |
    A. v. S., 24 June 1996, Venice Juvenile Court
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Application dismissed

    Article(s)

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

    Ruling

    Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

  • 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.

  • 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.

  • 1999 | HC/E/CY 701 | POLAND | Superior Appellate Court |
    Decision of the Supreme Court, 1 December 1999, I CKN 992/99
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 16 19 20

    Ruling

    Legal challenge upheld and new order issued for the child to be returned; the removal was wrongful and the conditions necessary for the application of Article 13(1)(b) of the 1980 Hague Child Abduction Convention had not been met.

  • 2006 | HC/E/TR 731 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2006/17797 K. 2006/14657
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return ordered

    Article(s)

    2 12 13(1)(b)

    Ruling

    Return ordered.

  • 1999 | HC/E/CA 752 | CANADA | Appellate Court |
    Finizio v. Scoppio-Finizio (1999), 46 O.R. (3d) 226 (C.A.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 11 12 13(1)(b)

    Ruling

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

  • 2006 | HC/E/UKe 880 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    Re D. (A Child) (Abduction: Rights of Custody) [2006] UKHL 51
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Article 15 Decision or Determination | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Rights of Access - Art. 21

    Order

    Appeal allowed, application dismissed

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 15 20 21 13(3)

    Ruling

    Appeal allowed and application dismissed; the inferior courts had erred in rejecting the determination of the Romanian courts pursuant to Article 15; under Romanian law the father had no rights of custody for Convention purposes therefore the removal of the child was not wrongful.

  • 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.