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Search results (94)

  • 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.

  • 1993 | HC/E/UKs 108 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Perrin v. Perrin 1994 SC 45
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 15 12(2)

    Ruling

    Appeal dismissed and return ordered; the standard required under Article 12(2) had not been met.

  • 1997 | HC/E/USf 129 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
    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) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

  • 1993 | HC/E/USf 143 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Slagenweit v. Slagenweit, 841 F. Supp. 264 (N.D. Iowa 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Application dismissed

    Article(s)

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

    Ruling

    Application dismissed; the child was no longer habitually resident in Germany at the relevant date.

  • 1991 | HC/E/USs 208 | UNITED STATES - STATE JURISDICTION | First Instance |
    David S. v. Zamira S., 151 Misc. 2d 630, 574 N.Y.S.2d 429 (Fam. Ct. 1991)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 8 13(1)(a) 15 12(2)

    Ruling

    Removal wrongful and return ordered; the standard required under Article 12(2) to show that the children were settled in their new environment had not been made out.

  • 1991 | HC/E/AU 259 | AUSTRALIA | Appellate Court |
    Graziano v. Daniels (1991) 14 Fam. LR 697
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

    12(2)

    Ruling

    Appeal dismissed and return ordered; the court found that none of the children was so emotionally and physically integrated as to be settled in Tasmania within the meaning of Article 12(2).

  • 2008 | HC/E/US 741 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Duarte v. Bardales, 526 F.3d 563 (9th Cir. 2008)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Appeal allowed, return refused

    Article(s)

    12(2)

    Ruling

    Appeal allowed and case remitted to the District Court for consideration on the merits.

  • 2008 | HC/E/FR 1006 | FRANCE | Appellate Court
    CA Paris, 8 août 2008, Nos de RG 08/05791 et 08/07826
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return refused

    Article(s)

    3 12(2)

    Ruling

    Appeal dismissed; the judge at first instance rightly considered that the children had settled in France.

  • 2000 | HC/E/US 963 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    P. v. S., 2002 FamLR 2
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(2) 12(2)

    Ruling

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

  • 2004 | HC/E/IL 836 | ISRAEL | Superior Appellate Court |
    Family appeal 575/04 Y.M v. A.M
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused; the retention was wrongful, but acquiescence had been established to the standard required under the Convention.

  • 2011 | HC/E/FR 1084 | FRANCE | Appellate Court |
    CA Lyon, 17 janvier 2011, No de RG 09/05813
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, application dismissed

    Article(s)

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

    Ruling

    Appeal allowed and return application refused. There was a definite wrongful retention but more than a year had elapsed after the retention and the father had acquiesced.

  • 2000 | HC/E/US 1145 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Ostevoll v. Ostevoll, 2000 WL 1611123 (S.D. Ohio 2000)
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Removal wrongful but return refused; Article 13(1)(a) and (b) and Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

  • 2014 | HC/E/US 1262 | UNITED STATES - FEDERAL JURISDICTION | Superior Appellate Court |
    Lozano v. Montoya Alvarez, 134 S.Ct. 1224 (2014)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return refused

    Article(s)

    12(2)

    Ruling

    Appeal dismissed and non-return order upheld; the doctrine of "equitable tolling" was not applicable to the settlement exception in Art. 12(2) of the 1980 Hague Child Abduction Convention.

  • 1994 | HC/E/UKe 21 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re M. (Abduction: Acquiescence) [1996] 1 FLR 315
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal of the child to England was not wrongful under Greek law.

  • 1999 | HC/E/AU 276 | AUSTRALIA | Appellate Court |
    Director-General Department of Families, Youth and Community Care v. Moore, (1999) FLC 92-841; [1999] FamCA 284
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    12(2)

    Ruling

    Appeal dismissed, removal wrongful but return refused; the court found that the child was emotionally and physically integrated as to be settled in Australia within the meaning of Article 12(2).

  • 1990 | HC/E/AT 378 | AUSTRIA | Superior Appellate Court |
    7Ob573/90 Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Article(s)

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

    Ruling

    Challenge to legality dismissed; the removal was wrongful but the child had become settled in her new environment. The return was therefore refused.

  • 2004 | HC/E/UKe 596 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re C. (Abduction: Settlement) [2004] EWHC 1245
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

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

    Ruling

    Removal wrongful but return refused; the child was found to be settled in her new environment in accordance with the terms of Article 12(2).

  • 2004 | HC/E/CNh 825 | CHINA (HONG KONG, SAR) | First Instance |
    A.C. v. P.C. [2004] HKMP 1238
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

    12(2)

    Ruling

    Return refused; the removal was wrongful but the children were now settled in their new environment.

  • 2000 | HC/E/FR 702 | FRANCE | First Instance |
    TGI Nice, 29 juin 2000, No 421/00
    Languages
    No full text available
    Summary available in FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 4 5 13(1)(b) 20 12(2)

  • 2008 | HC/E/MX 1039 | MEXICO | Appellate Court |
    Procedure for Return of Child, Case No. 1313/2007, instituted by A.C. B.I. against P.R.I.P
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 7 13(1)(b) 13(2) 20 12(2) 26

    Ruling

    Appeal allowed and return ordered; the retention had been wrongful and none of the exceptions had been established to the standard required under the Convention.