Refine your search

Keyword:

Grounds:

Show more

Year:

Country:

Show more

Article(s):

Show more

Order:

Show more

Requesting State:

Show more

Requested State:

Show more

Court Level:

Show more

Instrument:

Search results (661)

  • 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.

  • 2009 | HC/E/CH 1001 | European Court of Human Rights (ECrtHR) |
    Neulinger and Shuruk v. Switzerland (Application No 41615/07)
    Languages
    Full text download EN | FR
    Summary available in EN | FR
    Grounds

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

    Order

    Application dismissed

    Article(s)

    3 13(1)(b)

    Ruling

    By a 4:3 majority the European Court of Human Rights ruled that there had not been a breach of the mother and child's right to family life under Article 8 of the European Convention on Human Rights.

  • 2008 | HC/E/FR 1004 | FRANCE | Appellate Court
    CA Paris, 22 mai 2008, No de RG 08/05966
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b) 20

    Ruling

    Appeal dismissed; return ordered. The removal was wrongful and the mother had not established that an exception was applicable.

  • 2005 | HC/E/FR 1007 | FRANCE | Appellate Court
    CA Rouen, 20 janvier 2005, No de RG 04/03822
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal allowed and return ordered. The removal was wrongful and it had not been proven that a return would expose the child to a grave risk of harm.

  • 2009 | HC/E/AT 1045 | AUSTRIA | Superior Appellate Court |
    1Ob176/09b, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Article(s)

    1 3 5 13(1)(b) 26

    Ruling

    Appeal by the mother (the taking parent) dismissed: the removal was wrongful and none of the grounds for exception invoked were applicable. The father's appeal was partially allowed: removal of the condition of taking protective measures.

  • 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.

  • 2009 | HC/E/USf 1110 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Foster v. Foster, 654 F.Supp.2d 348 (W. D. Pennsylvania, 2009)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

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

    Order

    Return ordered

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful and return ordered, subject to undertakings; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2010 | HC/E/CA 1115 | CANADA | First Instance |
    Achakzad v. Zemaryalai, [2011] W.D.F.L. 2
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Jurisdiction Issues - Art. 16

    Order

    Return refused

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful but return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

  • 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.

  • 2010 | HC/E/CA 1124 | CANADA | First Instance |
    Ryan v. Ryan
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12 13(1)(b) 16 19

    Ruling

    Retention wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2011 | HC/E/FR 1128 | FRANCE | Appellate Court |
    CA Bordeaux, 28 juin 2011, No de RG 11/01062
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    Appeal dismissed, return ordered. The removal was wrongful and no exception asserted was applicable.

  • 2011 | HC/E/FR 1131 | FRANCE | Appellate Court |
    CA Paris, 17 février 2011, No de RG 11/00507
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

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

  • 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.

  • 2011 | HC/E/LV 1146 | European Court of Human Rights (ECrtHR) |
    X. v. Latvia (Application No 27853/09)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    3 4 12 13(1)(b) 14 15 19

    Ruling

    By a majority of five to two, the European Court of Human Rights held that Latvia had violated Article 8 of the ECHR in failing to take account of various relevant factors in assessing the best interests of the child. The Court also awarded the mother compensation under Article 41 of the ECHR.

  • 2012 | HC/E/UKe 1147 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    Re S. (A Child) (Abduction: Rights of Custody) [2012] UKSC 10, [2012] 2 A.C. 257
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal allowed, return refused

    Article(s)

    13(1)(b)

    Ruling

    Appeal allowed and return refused; the removal was wrongful but the standard required under Art 13(1)(b) of the 1980 Hague Convention had been met.

  • 2010 | HC/E/FR 1069 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère, 20 octobre 2010; No de RG 08-21161
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Article(s)

    13(1)(b)

    Ruling

    Appeal dismissed and return order upheld: the Court of Appeal had proper grounds to order the children's return to Italy.

  • 2010 | HC/E/FR 1073 | FRANCE | Superior Appellate Court
    Cass Civ 1ère 8 Juillet 2010, N° de pourvoi 09-66406
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

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

    Article(s)

    13(1)(b) 13(2) 17 20

    Ruling

    Appeal dismissed; the Court of Appeal had duly applied the provisions of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

  • 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.

  • 2001 | HC/E/NL 314 | NETHERLANDS - KINGDOM IN EUROPE | Appellate Court |
    De directie Preventie, optredend voor zichzelf en namens Y (the father) against X (the mother) (7 February 2001, ELRO nr.AA9851 Zaaknr:813-H-00)
    Languages
    Full text download EN
    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)

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but the standard required under Article 13(2) had been met to show that the child objected to a return.

  • 1999 | HC/E/CA 335 | CANADA | First Instance |
    Decision of 9 March 1999, [1999] R.D.F. 298
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    13(1)(b)

    Ruling

    Return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been established.