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Search results (20)

  • 1993 | HC/E/AU 260 | AUSTRALIA | First Instance |
    Police Commissioner of South Australia v. H., 6 August 1993, transcript, Family Court of Australia (Adelaide) [1993] FamCA 142
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings

    Order

    Return ordered with undertakings offered

    Article(s)

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

    Ruling

    Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

  • 2000 | HC/E/US 1145 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Ostevoll v. Ostevoll, 2000 WL 1611123 (S.D. Ohio 2000)
    Languages
    Full text download EN
    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.

  • 2013 | HC/E/FR 1219 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère, 10 juillet 2013, No de RG 13-14562
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    13(1)(a) 13(1)(b)

    Ruling

    Appeal dismissed; return order upheld. The Court of Appeal had duly provided grounds for its decision and was not required to conduct a more thorough investigation relating to a possible grave risk of danger.

  • 2011 | HC/E/FR 1172 | FRANCE | Appellate Court |
    CA Agen, 1 décembre 2011, No de RG 11/01437
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Appeal allowed, return ordered. The removal was wrongful and none of the exceptions raised was applicable.

  • 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 | ES
    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).

  • 2017 | HC/E/JP 1390 | JAPAN | Appellate Court
    2017 (Ra) No. 742 Appeal case against an order of the return of a child
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Synopsis

    1 child wrongfully retained in Japan ― National of Singapore and Japan ― Married parents ― Father national of Singapore – Mother national of Japan ― Child lived in Singapore until 2016 ― Application for return filed with the Central Authority of Singapore in 2016 ― Petition for return filed with the courts of Japan in 2017 ― Return ordered ― Main issues: acquiescence and Art. 13(1)(b) grave risk exception to return – There is no grave risk in ordering the return of the child in cases involving domestic violence between the parents where a protection order is in place in the requesting State and where there is no evidence that any violence has been committed against the child ― It cannot be said that a parent has not actually exercised rights of custody at the time of removal if he did not know the whereabouts of the child at that time  ― A parent has not approved of or acquiesced in the retention if he filed a return application with the Central Authority of the requesting State about one month after coming to know of the removal, and with the courts of the requested State almost one year after the removal, respectively.

  • 2011 | HC/E/FR 1129 | FRANCE | Appellate Court |
    CA Rennes, 28 juin 2011, No de RG 11/02685
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Jurisdiction Issues - Art. 16 | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Appeal allowed, return ordered. The removal was wrongful and no exception raised was applicable.

  • 2013 | HC/E/CNh 1408 | CHINA (HONG KONG, SAR) | First Instance
    EW v. LP, HCMP1605/2011, 31 January 2013
    Languages
    Full text download EN
    No summary available
    Article(s)

    13(1)(a) 13(1)(b)

    Synopsis

    One child wrongfully removed at age 3 – National of Slovakia – Unmarried parents– Father national of Slovakia – Mother national of Slovakia – Joint rights of custody – Child lived in Slovakia until September 2010 – Application for return filed with the Central Authority of Hong Kong on 22 August 2011 –Return refused – Main issue(s): Article 13(1)(a) acquiescence - the Father’s words and inaction were inconsistent with the fundamental objective of the Convention to secure a prompt return, and he was held to have acquiesced. Article 13(1)(b) – due to the child’s instable background and now being settled in his new environment, there was a grave risk that he would be placed in an intolerable situation if an order for return was made.

  • 2013 | HC/E/IL 1415 | ISRAEL | Superior Appellate Court
    Anonymous V. Anonymous 7784/12
    Languages
    Full text download HE
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    The Supreme Court rejected the mother’s appeal.

  • 2007 | HC/E/UKe 966 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re G. (Abduction: Withdrawal of Proceedings, Acquiescence, Habitual Residence) [2007] EWHC 2807 (Fam)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Non-Convention Issues

    Article(s)

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

    Ruling

    Retention of the elder child wrongful and return ordered; none of the exceptions proved to the standard required under the Convention. Retention of the younger child not wrongful as she had only ever been habitually resident in England. Return ordered under common law rules.

  • 2009 | HC/E/MX 1038 | MEXICO | Appellate Court |
    Procedure for International Return of Children, Case No. 2926/2008, instituted by J.V.U.B.
    Languages
    Full text download ES
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 11 12 13(1)(a) 13(1)(b) 13(2) 16 20

    Ruling

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

  • 2009 | HC/E/FR 1135 | FRANCE | Appellate Court |
    CA Nîmes, 18 février 2009, No de RG 08/04984
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed, return refused. The retention was wrongful but several exceptions applicable.

  • 2016 | HC/E/DE 1406 | GERMANY | Appellate Court
    Oberlandesgericht Stuttgart (Stuttgart Higher Regional Court), 17 UF 56/16, 04 May 2016
    Languages
    Full text download DE
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    The complaint appeal was rejected and it was once again ordered that the child be returned. No evidence was found that the child’s wellbeing was in danger due to the fact, that the father lost custody of his other daughter because of sexual abuse and his alleged paedophilic tendencies.

  • 2003 | HC/E/BE 547 | BELGIUM | First Instance |
    N° 03/3585/A, Tribunal de première instance de Bruxelles
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Return ordered

    Article(s)

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

  • 1999 | HC/E/IL 807 | ISRAEL | Superior Appellate Court |
    Reshut ir'ur ezrachi (leave for civil appeal) 7994/98 Dagan v Dagan 53 P.D (3) 254
    Languages
    Full text download HE | EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    13(1)(a) 13(1)(b)

    Ruling

    Appeal allowed and return ordered; acquiescence had not been proved to the standard required under the Convention.

  • 2015 | HC/E/USf 1383 | UNITED STATES - FEDERAL JURISDICTION | First Instance
    Sabogal v. Velarde, 106 F.Supp.3d 689 (2015)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered subject to undertakings

    Article(s)

    1 3 5 13(1)(a) 13(1)(b) 20

    Synopsis

    2 children wrongfully removed (born in 2005 and 2007) - Separated parents - The Purvian courts had effectively granted temporary custody to the mother on 21 November 2013, and then to the father on 1 October 2014 (following the removal)  - Children lived in Peru until 20 February 2014 - Application for return filed with the District Court on 17 February 2015 - Return ordered subject to undertakings - Main issues: rights of custody, Art.13(1)(b) "grave risk" exception to return, undertakings - A very severe degree of psychological abuse is sufficient to conclude that the Art. 13(1)(b) "grave risk" exception to return under the 1980 Hague Child Abduction Convention applies, even in cases in which there is very little or no evidence of physical abuse

  • 2018 | HC/E/CA 1416 | CANADA | First Instance
    Mbuyi v. Ngalula, 2018 MBQB 176
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Synopsis

    2 children wrongfully retained at ages 1 and 2 – Married parents – Father national of the United States – Mother national of Canada – Both parents had rights of custody under the laws of Iowa – Children lived in the United State until 16 June 2018 – Application for return filed with the Central Authority of the United States on 18 August 2018 – Return ordered – Main issues: Article 3 -  children habitually resident in the United States, father had rights of custody and had only agreed to a one month stay in Canada, retention was therefore wrongful - Article 13(1)(a) Consent & Acquiescence – Exception not established, there is no “clear and cogent evidence of unequivocal consent or acquiescence” - Article 13(1)(b) Grave Risk – Exception not established, measures of protection are available in Iowa.

  • 2018 | HC/E/CA 1417 | CANADA - NOVA SCOTIA | Appellate Court
    Beairsto v. Cook, 2018 NSCA 90
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, application dismissed

    Article(s)

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

    Synopsis

    1 child allegedly retained at age 6 months – National of the US Father national of US – Mother national of Canada – Father gave open-ended consent to mother to travel with the child to Canada – Child lived in United States for first 42 days of life – Application for return filed with the courts of Canada in December 2017 – The return decision of the Nova Scotia Supreme Court was appealed to the Nova Scotia Court of Appeal where the application was dismissed – Main issues: habitual residence – the Court of Appeal applied the “hybrid approach” to determine the habitual residence of the child and found the child to be habitually resident in Nova Scotia.

  • 2013 | HC/E/FR 1209 | FRANCE | Appellate Court |
    CA Paris, 2 avril 2013, No de RG 13/03926
    Languages
    No full text available
    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) | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Appeal allowed and return ordered. The retention was wrongful and none of the exceptions raised was applicable.

  • 2013 | HC/E/IL 1301 | ISRAEL | Superior Appellate Court |
    L.S. v G.S, RFam 7784/12
    Languages
    Full text download HE
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Procedural Matters | Consent - Art. 13(1)(a)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(a)

    Ruling

    Appeal dismissed and return order upheld, but the orders for costs which had been made by the lower courts in favour of the father were set aside.