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Search results (292)

  • 1994 | HC/E/UKe 19 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    N. v. N. (Abduction: Article 13 Defence) [1995] 1 FLR 107
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered with undertakings offered

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Retention wrongful and return ordered with undertakings offered; harm, if any existed, would result from unsupervised access with the father, not by the children returning to Australia.

  • 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.

  • 1994 | HC/E/NZ 92 | NEW ZEALAND | Appellate Court |
    Boy v. Boy [1994] 12 FRNZ 517
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.

  • 1994 | HC/E/UKe 60 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re R. (Child Abduction: Acquiescence) [1995] 1 FLR 716
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal allowed, return ordered

    Article(s)

    13(1)(a) 13(2)

    Ruling

    Appeal allowed and return ordered; the retention was wrongful and neither Article 13(1)(a) nor Article 13(2) had been proved to the standard required under the Convention.

  • 1993 | HC/E/UKs 79 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Urness v. Minto 1994 SC 249
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    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)(b) 13(2)

    Ruling

    Appeal dismissed and return refused; the trial judge had been justified in finding that the standard required under Article 13(2) had been met in respect of the older boy and that the younger boy would face an intolerable situation if sent back alone.

  • 1998 | HC/E/AU 227 | AUSTRALIA | First Instance |
    Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
    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) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the standard required under Articles 13(1)(a), 13(1)(b) and 13(2) had not been met.

  • 1989 | HC/E/USs 206 | UNITED STATES - STATE JURISDICTION | First Instance |
    Sheikh v. Cahill, 145 Misc. 2d 171, 546 N.Y.S.2d 517 (Sup. Ct. 1989)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 12 13(1)(b) 13(2) 19

    Ruling

    Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

  • 1997 | HC/E/UKe 166 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re S. (Child Abduction: Delay) [1998] 1 FLR 651
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

  • 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.

  • 1998 | HC/E/NO 343 | NORWAY | First Instance |
    S.E.H. v. H.E.H., 21 December 1998, transcript, Holt Court of Execution and Enforcement
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the retention was wrongful, but the standard required under Articles 13(1)(b) and 13(2) had been met.

  • 2000 | HC/E/UKe 270 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re T. (Abduction: Child's Objections to Return) [2000] 2 F.L.R. 192
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Appeal allowed, removal wrongful but return refused; the standard required under Article 13(2) had been made out in respect of the older child, that in turn led to a finding that the younger sibling would face an intolerable situation, under Article 13(1)(b), if returned alone.

  • 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.

  • 2005 | HC/E/DE 698 | GERMANY |
    Bundesverfassungsgericht, 1 BvR 1465/05, 22 July 2005
    Languages
    Full text download DE
    Summary available in FR
    Grounds

    Human Rights - Art. 20

    Article(s)

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

  • 2005 | HC/E/TR 742 | European Court of Human Rights (ECrtHR) |
    Eskinazi and Chelouche v. Turkey (Application No 14600/05)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    9 13(1)(b) 13(2) 14 15 16 20 30

    Ruling

    By a majority the Court declared the application to be inadmissible, on the basis of it being manifestly ill-founded; the Turkish authorities had not disregarded their obligations under Article 6 of the ECHR (right to fair trial) or violated the right to respect for family life guaranteed under Article 8 of the ECHR.

  • 1999 | HC/E/CY 701 | POLAND | Superior Appellate Court |
    Decision of the Supreme Court, 1 December 1999, I CKN 992/99
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Article(s)

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

    Ruling

    Legal challenge upheld and new order issued for the child to be returned; the removal was wrongful and the conditions necessary for the application of Article 13(1)(b) of the 1980 Hague Child Abduction Convention had not been met.

  • 1999 | HC/E/FR 713 | FRANCE | First Instance |
    TGI Guingamp, 2 septembre 1999, No de RG 99/00777
    Languages
    No full text available
    Summary available in FR
    Grounds

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

    Order

    Return ordered

    Article(s)

    13(1)(b) 13(2)

  • 2006 | HC/E/UKe 880 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    Re D. (A Child) (Abduction: Rights of Custody) [2006] UKHL 51
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Article 15 Decision or Determination | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Rights of Access - Art. 21

    Order

    Appeal allowed, application dismissed

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 15 20 21 13(3)

    Ruling

    Appeal allowed and application dismissed; the inferior courts had erred in rejecting the determination of the Romanian courts pursuant to Article 15; under Romanian law the father had no rights of custody for Convention purposes therefore the removal of the child was not wrongful.

  • 2002 | HC/E/CA 754 | CANADA | Appellate Court |
    J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

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

  • 1997 | HC/E/CH 792 | SWITZERLAND | Superior Appellate Court |
    5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Human Rights - Art. 20

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 19 20 13(3)

    Ruling

    Legal challenge rejected; the removal was wrongful and Article 20 was inapplicable.

  • 1995 | HC/E/CA 767 | CANADA | Appellate Court
    Szalas v. Szabo, [1995] O.J. No. 3632 (Gen. Div.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12

    Order

    Return ordered

    Article(s)

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

    Ruling

    The father's appeal was dismissed and the daughter's return ordered. The mother's appeal was dismissed and the son's return refused at this time.