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Search results (62)

  • 1992 | HC/E/DE 41 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B.-M. (Wardship: Jurisdiction) [1993] 1 FLR 979
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Article 15 declaration granted; the retention was wrongful for it was in breach of rights of custody vested in the English court.

  • 1993 | HC/E/UKs 108 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Perrin v. Perrin 1994 SC 45
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 15 12(2)

    Ruling

    Appeal dismissed and return ordered; the standard required under Article 12(2) had not been met.

  • 1992 | HC/E/UKe 204 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re F. (Minors) (Abduction: Habitual Residence) [1992] 2 FCR 595
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    3 12 15

    Ruling

    Application dismissed; the children were not habitually resident in Canada at the relevant date.

  • 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.

  • 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.

  • 1999 | HC/E/ZA 265 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re J. (Abduction: Declaration of Wrongful Removal) [1999] 2 FLR 653
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Declaration granted that the removal was wrongful, being in breach of custody rights held by the court.

  • 1998 | HC/E/AU 295 | NEW ZEALAND | Superior Appellate Court |
    Dellabarca v. Christie [1999] NZFLR 97
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Appeal dismissed, refusal of Article 15 declaration confirmed

    Article(s)

    3 5 15 19

    Ruling

    Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

  • 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.

  • 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.

  • 2005 | HC/E/US 803 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    A.J. v. F.J. [2005] CSIH 36, 2005 1 S.C. 428
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Article 15 Decision or Determination

    Order

    Appeal allowed, refusal of Article 15 declaration overturned

    Article(s)

    3 15

    Ruling

    Appeal allowed and Article 15 declaration granted; the removal of the children had been in breach of actually exercised rights of custody and was therefore wrongful.

  • 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.

  • 2006 | HC/E/BR 984 | ISRAEL | Appellate Court |
    Family Appeal 001109/06, G.H. v G.Y.
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Article 15 Decision or Determination | Issues Relating to Return

    Order

    Appeal dismissed, granting of Article 15 declaration confirmed

    Article(s)

    15

    Ruling

    Appeal dismissed and declaration upheld; jurisdiction existed to make an Art 15 declaration at the behest of the father.

  • 2011 | HC/E/FR 1064 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Mercredi v. Chaffe [2011] EWCA Civ. 272
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Article 15 Decision or Determination | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    15

    Ruling

    Appeal allowed and it was ordered that the proceedings be transferred to France in accordance with Article 15 of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

  • 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/AR 1315 | ARGENTINA | Superior Appellate Court |
    G., P. C. c. H., S. M. s/ reintegro de hijos
    Languages
    Full text download ES
    Summary available in EN | 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

    Appeal allowed, return ordered

    Article(s)

    1 3 7 13(1)(b) 15

    Ruling

    Appeal allowed, return ordered. The retention was considered wrongful. The grave risk exception under Article 13(1)(b), raised by the defendant on appeal, had not been established. The children's opinions did not suggest a strong opposition that would be sufficient to constitute the exception to return under Article 13(2).

  • 1989 | HC/E/US 32 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re J. (Minor: Ward of Court) [1989] Fam 85
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Article 15 declaration granted

    Article(s)

    3 5 15

    Ruling

    Article 15 declaration granted; the breach of custody rights vested in the English court was sufficient to make the removal of the child wrongful.

  • 1995 | HC/E/US 9 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re P. (Abduction: Declaration) [1995] 1 FLR 831
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Article 15 Decision or Determination

    Order

    Appeal dismissed, granting of Article 15 declaration confirmed

    Article(s)

    3 15

    Ruling

    Appeal dismissed and granting of Article 15 declaration confirmed; the 1992 residence order allowing the mother to relocate to California no longer having any effect.

  • 1994 | HC/E/UKe 42 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B. (Child Abduction: Habitual Residence) [1994] 2 FLR 915, [1995] Fam Law 60
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    3 13(1)(a) 15

    Ruling

    Return refused; the removal was not wrongful for the child was not habitually resident in Ontario on the relevant date.

  • 1992 | HC/E/UKs 191 | UNITED KINGDOM - SCOTLAND | First Instance |
    Taylor v. Ford 1993 SLT 654
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    3 5 12 13(1)(b) 15

    Ruling

    Return refused; the removal of the children was not wrongful as no rights of custody had been breached.

  • 1999 | HC/E/USs 311 | AUSTRALIA | First Instance |
    Secretary Attorney-General's Department v. S.
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Article 15 declaration made; the retention was wrongful as the children were habitually resident in Australia at the relevant date.