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Search results (31)

  • 1997 | HC/E/USf 105 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Wojcik v. Wojcik, 959 F. Supp. 413 (E.D. Mich. 1997)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

    12(2) 12(1)

    Ruling

    Return refused; the District Court ruled that the retention of the children was wrongful but declined to order their return on the grounds that they were now settled in their new environment, eighteen months having elapsed between the retention and the commencement of judicial / administrative proceedings.

  • 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.

  • 2016 | HC/E/RU 1381 | RUSSIAN FEDERATION | Appellate Court |
    Thompson v. Thompson
    Languages
    Full text download RU
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    13(1)(b) 12(1)

    Synopsis

    1 child wrongfully removed at age 2 - National of the United Kingdom and the Russian Federation - Married parents - Father national of United Kingdom - Mother national of Russia - Both parents had rights of custody - Child lived in Spain with both parents until April 2016 - Application for return filed with the Dzerzhinskiy District Court of St Petersburg on 18 August 2016 - Return refused - Main issue: Art. 13(1)(b) grave risk exception to return - A child aged 3 has a physchological and physiological need for her mother and since the mother had decided to stay in Russia, return to Spain would expose the child to a grave risk of harm

    This case forms the subject of an application to the European Court of Human Rights (Thompson v. Russia, Application no. 36048/17), lodged on 15 May 2017 and communicated on 23 October 2017. 

  • 2018 | HC/E/UA 1397 | Superior Appellate Court
    Hague return case from Ukraine to the United Kingdom No 2-4237/12
    Languages
    Full text download
    Summary available in EN
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | European Convention on Human Rights (ECHR)

    Order

    Return ordered

    Article(s)

    2 3 5 8 12 13(1)(a) 13(1)(b) 16 19 20 12(1)

    Synopsis

    1 child wrongfully retained at age 6 months - National of United Kingdom and Ukraine - Married parents- Father national of the United Kingdom - Mother national of Ukraine – Applicant father had joint custody with respondent mother under British legislation – Child lived in the United Kingdom until 11 April 2012 -Application for return filed with the courts of Ukraine on 19 December 2012 - Return ordered on 29 August 2018 - Main issues: Articles 5 and 12 of the 1980 Hague Child Abduction Convention (a parent cannot independently decide to change the child’s place of habitual residence; the place of habitual residence is of major importance to restoring of the status quo for the child; first instance court and appeal court incorrectly interpreted exceptions for non-return of a child as a settlement in new environment, acquiescence in the retention and grave risk to return).

  • 1999 | HC/E/CH 427 | SWITZERLAND | Superior Appellate Court |
    5P.1/1999, Tribunal fédéral suisse, (swiss Supreme Court), decision of 29 March 1999
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Human Rights - Art. 20

    Article(s)

    1 3 13(1)(b) 19 20 12(1)

    Ruling

    Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

  • 2012 | HC/E/FR 1195 | FRANCE | Appellate Court |
    CA Paris, 13 novembre 2012, No de RG 12/16322
    Languages
    No full text available
    Summary available in FR
    Grounds

    Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Issues Relating to Return | Procedural Matters

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 13(3) 12(2) 12(1) 26

  • 1997 | HC/E/AU 232 | AUSTRALIA | First Instance |
    State Central Authority v. Ayob (1997) FLC 92-746, 21 Fam. LR 567
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 18 12(2) 12(1)

    Ruling

    Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.

  • 2008 | HC/E/ZA 720 | SOUTH AFRICA | First Instance |
    Central Authority v. B 2009 (1) SA 624 (W)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Undertakings | Settlement of the Child - Art. 12(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; more than a year had elapsed before the commencement of return proceedings and the child was found to be settled in her new environment.

  • 1998 | HC/E/DK 404 | DENMARK | Appellate Court |
    Ø.L.K. 23. Juni 1998, 16. afd., B-1391-98
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, application dismissed

    Article(s)

    3 4 12(1)

    Ruling

    Appeal allowed and application dismissed; the removal was not wrongful as the child was not habitually resident in the Netherlands on the relevant date.

  • 1999 | HC/E/DE 602 | GERMANY |
    Bundesverfassungsgericht, 2 BvR 420/99, 9 March 1999
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Human Rights - Art. 20

    Article(s)

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

    Ruling

    Unanimous: appeal inadmissible; the issues relating to the consistency of the 1980 Convention with the Constitution had been resolved in an earlier case, and admissibility of the appeal was not necessary for the enforcement of fundamental rights.

  • 2003 | HC/E/AT 549 | AUSTRIA | Superior Appellate Court |
    9Ob102/03w, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in FR
    Grounds

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

    Article(s)

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

  • 2009 | HC/E/GR 690 | GREECE | First Instance |
    Court of First Instance of Agrinio (Μονομελές Πρωτοδικείο Αγρινίου), decision 340, 31 March 2009
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

    Order

    Return refused

    Article(s)

    1 3 4 11 12 13(1)(a) 13(1)(b) 13(2) 14 13(3) 12(2) 12(1)

    Ruling

    Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

  • 2007 | HC/E/IL 938 | ISRAEL | Appellate Court |
    Family Application 000111/07 Ploni vs. Almonit
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and even if a year had elapsed for the purposes of Article 12 the child was not settled in his new environment and none of the other exceptions had been established.

  • 2012 | HC/E/SE 1165 | SWEDEN | Superior Appellate Court
    Högsta domstolens beslut den 27 april 2012 i mål Ö 939-12
    Languages
    Full text download SV
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

    Order

    Appeal allowed, return refused

    Article(s)

    1 2 3 4 5 12 13(1)(a) 13(1)(b) 13(2) 14 13(3) 12(2) 12(1)

    Ruling

    Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

  • 2014 | HC/E/IE 1299 | Court of Justice of the European Union (CJEU) |
    C. v. M. (C-376/14 PPU)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

    Article(s)

    1 3 12 19 12(2) 12(1)

    Ruling

    In its preliminary ruling the Court noted, inter alia, that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned, the child's habitual residence must be determined by undertaking an assessment of all the circumstances of fact. Whilst it was possible the child's habitual residence may have changed, account must be taken of the fact that the judgment authorising the removal could be provisionally enforced and that an appeal had been brought.

  • 2013 | HC/E/USf 1334 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Mendoza v. Silva, 987 F.Supp.2d 883
    Languages
    Full text download EN
    No summary available
    Grounds

    Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Procedural Matters

    Order

    Return ordered

    Article(s)

    13(1)(b) 13(2) 20 12(2) 12(1)

  • 2011 | HC/E/GR 1278 | GREECE | Superior Appellate Court |
    Supreme Court of Greece (?????? ?????), decision 1857, 16 December 2011
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 4 8 13(1)(b) 13(2) 12(2) 12(1)

    Ruling

    Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

  • 2000 | HC/E/UKe 475 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re M. (Abduction: Conflict of Jurisdiction) [2000] 2 FLR 372
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Undertakings | Procedural Matters

    Order

    Return ordered

    Article(s)

    12(1)

    Ruling

    Retention wrongful and return ordered; the child was habitually resident in Spain on the relevant date.

  • 2001 | HC/E/CH 417 | SWITZERLAND | Appellate Court |
    Decision of the Cour d'appel du canton de Berne, 46/II/2001/1b, 24/07/2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    1 3 4 5 13(1)(b) 16 17 19 20 12(1) 26

    Ruling

    Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

  • 1997 | HC/E/CH 425 | SWITZERLAND | First Instance |
    U/EU970069, Bezirksgericht Zürich (Zurich District Court) (Switzerland), decision of 18 April 1997
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Return refused

    Article(s)

    1 2 3 4 5 6 10 14 19 12(2) 12(1) 26

    Ruling

    Return refused; the retention was not wrongful as the father had consented to the relocation of the child.