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Search results (312)

  • 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.

  • 2000 | HC/E/IS 366 | ICELAND | Superior Appellate Court |
    M. v. K. 12/12/2000; Iceland Supreme Court
    Languages
    Full text download IS
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 5 13(2) 15

    Ruling

    Appeal allowed and return ordered; the Convention was applicable and the retention was wrongful while Article 13(2) had not been proved to the standard required.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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)

  • 2002 | HC/E/NZ 533 | NEW ZEALAND | First Instance |
    P. v. P.
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    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)

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

    Ruling

    Return ordered; none of the exceptions had been proved to the standard required under the Convention.

  • 2001 | HC/E/NZ 535 | NEW ZEALAND | First Instance |
    Secretary for Justice v. A., ex parte B.
    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

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.

  • 2002 | HC/E/DE 486 | GERMANY | Appellate Court |
    Oberlandesgericht Dresden, 10 UF 753/01, 21 January 2002
    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)

    Ruling

    Appeal allowed and return ordered; the court found the father had a right of veto over the removal of the child from the jurisdiction and given that he was exercising his access rights it was ruled that he would have exercised this custodial right had it not been for the unilateral nature of the removal. Consequently the removal of the child was wrongful.

  • 2001 | HC/E/DE 491 | GERMANY | Appellate Court |
    Oberlandesgericht Köln, 21 UF 70/01, 12 April 2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered; the removal had been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

  • 2013 | HC/E/LU 1307 | LUXEMBOURG | First Instance |
    Tribunal d'arrondissement de Diekirch, 16 juillet 2013, Référé No 183/2013
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    3 11 12 13(2) 17