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Search results (12)

  • 2010 | HC/E/FR 1164 | LUXEMBOURG | Superior Appellate Court |
    Cour de cassation, 6 mai 2010, No 32/10
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    1 2 3 11 18 29

    Ruling

    Appeal dismissed; the father had applied for return only in the event that he should be awarded custody of the children.

  • 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.

  • 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.

  • 1997 | HC/E/AU 232 | AUSTRALIA | First Instance |
    State Central Authority v. Ayob (1997) FLC 92-746, 21 Fam. LR 567
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 18 12(2) 12(1)

    Ruling

    Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.

  • 1997 | HC/E/US 305 | AUSTRALIA | Appellate Court |
    In the Marriage of G.R. and B.J. Colbourne, 30 April 1997, Full Court of the Family Court of Australia at Sydney
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters

    Article(s)

    18 19

    Ruling

    Appeal allowed; however the application for residence was dismissed on the merits.

  • 2006 | HC/E/NZ 1127 | NEW ZEALAND | Appellate Court |
    H.J. v. Secretary for Justice [2006] NZFLR 1005
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return refused

    Article(s)

    12 13(1)(b) 18

    Ruling

    Appeal allowed and return refused; Article 12(2) had been proved to the standard required by the 1980 Hague Child Abduction Convention and discretion exercised not to make a return order.

  • 1998 | HC/E/UKe 358 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re L. (Abduction: Pending Criminal Proceedings) [1999] 1 FLR 433
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    13(1)(b) 18 12(2)

    Ruling

    Removal wrongful and return ordered; none of the exceptions had been proved to the standard required under the Convention.

  • 1995 | HC/E/CA 653 | CANADA | Appellate Court |
    Droit de la Famille 2785, No 500-09-005532-973
    Languages
    No full text available
    Summary available in FR
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 12 13(1)(b) 18

  • 1997 | HC/E/IE 287 | IRELAND | Superior Appellate Court |
    B.B. v. J.B. [1998] 1 ILRM 136; sub nom B. v. B. (Child Abduction) [1998] 1 IR 299
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters | Consent - Art. 13(1)(a)

    Article(s)

    1 3 8 12 13(1)(a) 13(1)(b) 18

    Ruling

    Appeal allowed and case remitted to the High Court for it to exercise its discretion as to whether the child should be returned to England.

  • 2013 | HC/E/US 1237 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    In re L (A Child) (Habitual Residence) [2013] UKSC 75, [2013] 3 W.L.R. 1597
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Non-Convention Issues

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    3 18

    Ruling

    Appeal allowed and return ordered, subject to undertakings; the 1980 Hague Child Abduction Convention was not applicable, the child being habitually resident in England and Wales on the relevant date, but the Court exercising its power under the inherent jurisdiction found that it was in the child's best interests to return to Texas so a court there could adjudicate on his future.

  • 2011 | HC/E/UKs 1154 | UNITED KINGDOM - SCOTLAND | First Instance |
    IGR, Petitioner [2011] CSOH 208
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Return refused

    Article(s)

    11 13(1)(a) 13(1)(b) 16 18 19 12(2)

    Ruling

    Removal wrongful but return refused; the child was settled in his new environment and the Court exercised its discretion not to order his return.

  • 2007 | HC/E/UKe 936 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re M. (Children) [2007] EWCA Civ 992
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(a) 13(1)(b) 13(2) 18 12(2)

    Ruling

    Appeal dismissed and return ordered; the trial judge had not erred in the exercise of his discretion in making a return order notwithstanding having found the children to be settled in their new environment and that they objected to a return.