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Search results (310)

  • 2008 | HC/E/AU 995 | AUSTRALIA | Appellate Court |
    Kilah v. Director-General, Department of Community Services [2008] FamCAFC 81, (2008) FLC 93-373; (2008) 39 Fam LR 431
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered; the retention was wrongful for the children had neither lost their Israeli habitual residence at the relevant date nor acquired a habitual residence in Australia. There was no grave risk of harm and whilst the father had at one stage consented to the relocation the trial judge had correctly exercised his discretion to make a return order.

  • 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)

  • 2007 | HC/E/ZA 900 | SOUTH AFRICA | Superior Appellate Court |
    Central Authority v. H. 2008 (1) SA 49 (SCA)
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Consent - Art. 13(1)(a) | Undertakings | Issues Relating to Return | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(a)

    Ruling

    Appeal dismissed and return ordered subject to a mirror order being obtained in the Netherlands; the retention was wrongful and the allegation that the applicant father had consented had not been proved.

  • 2005 | HC/E/ZA 1054 | SOUTH AFRICA | First Instance |
    Family Advocate, Cape Town v. Chirume
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered subject to undertakings

    Article(s)

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

    Ruling

    Removal wrongful and return ordered, subject to undertakings; a grave risk of harm had not been established to the standard required under the Convention.

  • 2008 | HC/E/ZA 1055 | SOUTH AFRICA | First Instance |
    Family Advocate, Cape Town and Another v. E.M.
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Acquiescence - Art. 13(1)(a) | Undertakings

    Order

    Return ordered subject to undertakings

    Article(s)

    3 13(1)(a)

    Ruling

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

  • 2010 | HC/E/CH 1082 | SWITZERLAND | Superior Appellate Court |
    5A_535/2010, II. zivilrechtliche Abteilung, arrêt du TF du 10 août 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a) 26

    Ruling

    Appeal dismissed, return upheld. The removal was wrongful and there had been no consent to the removal.

  • 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.

  • 2005 | HC/E/NZ 1123 | NEW ZEALAND | First Instance |
    L.J.G. v. R.T.P. [2006] NZFLR 589
    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) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered with undertakings offered

    Article(s)

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

    Ruling

    Removal wrongful and return ordered; the objection of one child to return was not sufficiently strong to override the policy of the Convention.

  • 2009 | HC/E/FR 1136 | FRANCE | Appellate Court |
    CA Chambéry, 24 avril 2009, No de RG 09/00305
    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) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed, return ordered. The retention was wrongful and the exceptions raised inapplicable.

  • 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.

  • 1999 | HC/E/UKe 264 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B. (Abduction: Acquiescence) [1999] 2 FLR 818
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Return refused

    Article(s)

    13(1)(a)

    Ruling

    Removal wrongful but return refused; the standard required under Article 13(1)(a) had been met to show acquiescence on the part of the father.

  • 1994 | HC/E/DK 400 | DENMARK | Appellate Court |
    Ø.L.K. 29. marts 1994, 10 afd., B-0702-94
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal allowed, return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal allowed and return refused; the father had acquiesced in the retention in the terms of Article 13(1)(a).

  • 2001 | HC/E/UKs 415 | UNITED KINGDOM - SCOTLAND | First Instance |
    A.Q. v. J.Q., 12 December 2001, transcript, Outer House of the Court of Session
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; removal wrongful and none of the exceptions proved to the standard required under the Convention.

  • 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.

  • 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.

  • 1991 | HC/E/UKe 40 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court
    Re F. (A Minor) (Child Abduction) [1992] 1 FLR 548, [1992] Fam Law 195
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal dismissed and return ordered; the child had acquired a habitual residence in Australia at the time of the removal. The court further found that the mother had not acquiesced in the removal.

  • 1992 | HC/E/UKe 48 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re A. (Minors) (Abduction: Custody Rights) [1992] Fam 106
    Languages
    Full text download EN
    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

    The Court of Appeal, in a majority ruling, held that the father had acquiesced in the removal of the children. The case was then remitted to the High Court to exercise its discretion whether or not to grant a return order.

  • 1992 | HC/E/UKe 52 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    W. v. W. (Child Abduction: Acquiescence) [1993] 2 FLR 211
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a)

    Order

    Return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Return refused; the retention of the child was wrongful but that the father had acquiesced in terms of Article 13(1)(a). The court exercised its discretion not to order the return of the child.

  • 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.

  • 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.