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Search results (35)

  • 1994 | HC/E/UKs 183 | UNITED KINGDOM - SCOTLAND | First Instance |
    Bordera v. Bordera 1995 SLT 1176
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 12 14 15 21

    Ruling

    Return ordered; the removal breached custody rights held by the father.

  • 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.

  • 2007 | HC/E/CA 728 | CANADA | First Instance |
    Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Order

    Return refused

    Article(s)

    1 3 4 5 13(1)(b) 14

    Ruling

    Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

  • 1998 | HC/E/AT 383 | AUSTRIA | Superior Appellate Court |
    7Ob72/98h, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

    Article(s)

    1 3 5 12 14 17

    Ruling

    Challenge to legality dismissed; while the return proceedings were pending, the authorities in the children's State of habitual residence had granted the mother custody.

  • 2001 | HC/E/USf 385 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Armiliato v. Zaric-Armiliato, 169 F. Supp. 2d 230 (SDNY 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 14

    Ruling

    Return ordered; the removal was wrongful as the child was habitually resident in Italy at the time of her removal.

  • 2001 | HC/E/USf 386 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    March v. Levine, 249 F.3d 462 (6th Cir. 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 11 12 13(1)(b) 14

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

  • 2008 | HC/E/CH 985 | SWITZERLAND | Superior Appellate Court |
    5A.713/2007 Bundesgericht, II. Zivilabteilung, 28/2/2008
    Languages
    No full text available
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return refused

    Article(s)

    3 14 16 19

  • 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.

  • 2013 | HC/E/AR 1305 | ARGENTINA | Superior Appellate Court |
    E.S. s/ Reintegro de hijo
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | 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)(b) 14 16 20

    Ruling

    Appeal allowed and return ordered; the removal was wrongful and none of the exceptions had been established.

  • 2012 | HC/E/GR 1246 | GREECE | Appellate Court |
    Court of Appeal of Thessaloniki, decision 2207, 3 December 2012
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 5 11 12 13(1)(b) 14 16 17 29

    Ruling

    Appeal upheld and return refused; the retention was wrongful, but a return to the United Kingdom would expose the child to a grave risk of physical, and most importantly, psychological harm.

  • 2000 | HC/E/IS 363 | ICELAND | Superior Appellate Court |
    M. v. K., 20/06/2000; Iceland Supreme Court
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    3 5 12 13(2) 14 15 19

    Ruling

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

  • 2002 | HC/E/FR 849 | FRANCE | Appellate Court |
    CA Paris, 7 février 2002, No de RG 2001/21768
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b) 14 20

  • 1995 | HC/E/CA 763 | CANADA | First Instance |
    Morris v. Poole, [1995] 6 W.W.R. 166 (N.W.T.S.C.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 2 5 11 13(1)(a) 13(1)(b) 13(2) 14 15 16 13(3) 29 30

    Ruling

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

  • 2009 | HC/E/CH 1076 | SWITZERLAND | Superior Appellate Court |
    5A_650/2009, IIe cour civile, arrêt du TF du 11 novembre 2009
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters

    Article(s)

    3 14

    Ruling

    Appeal dismissed; there had been a wrongful retention since the child had her habitual residence in Italy.

  • 2011 | HC/E/UKs 1153 | UNITED KINGDOM - SCOTLAND | First Instance |
    A, Petitioner [2011] CSOH 215
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Return refused

    Article(s)

    3 4 11 12 13(1)(a) 13(1)(b) 13(2) 14 16 17 18 19

    Ruling

    Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

  • 2013 | HC/E/PK 1233 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 60 [2013] 3 WLR 761
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | Non-Convention Issues | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 8 10 14 16

    Ruling

    Appeal allowed; the Supreme Court unanimously affirmed that English law retained a discretionary, residual basis of jurisdiction over children based on their British nationality. The case was remitted to the trial court to decide whether to exercise this jurisdiction. Were the trial court not to exercise the jurisdiction, a preliminary ruling application would be made to the Court of Justice of the European Union (CJEU) to enable the Supreme Court to decide on the habitual residence of the child.

  • 1991 | HC/E/UKe 35 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    C. v. C. (Minors) (Child Abduction) [1992] 1 FLR 163
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Article 15 declaration granted

    Article(s)

    3 5 14

    Ruling

    Article 15 declaration granted; the removal of the boys was wrongful insofar as it breached an implied right under New York law that access rights not be frustrated by the unilateral relocation of a child.

  • 1990 | HC/E/UKe 163 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re S. (A Minor) (Abduction) [1991] 2 FLR 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return ordered with undertakings offered

    Article(s)

    3 4 5 13(1)(a) 13(1)(b) 13(2) 14 15 16 18 12(2)

    Ruling

    Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

  • 1998 | HC/E/UKn 390 | UNITED KINGDOM - NORTHERN IRELAND | First Instance |
    In re C.L. (a minor); J.S. v. C.L., transcript, 25 August 1998
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 12 13(1)(b) 14

    Ruling

    Return ordered; the removal was wrongful as the child was habitually resident in Ireland on the relevant date.

  • 2001 | HC/E/DE 392 | GERMANY | First Instance |
    1 F 3709/00, Familiengericht Zweibrücken (Family Court), 25 January 2001
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 13(1)(b) 14

    Ruling

    Return ordered; the retention was wrongful as the child retained his habitual residence in Israel on the relevant date.