Refine your search

Keyword:

Grounds:

Show more

Year:

Country:

Show more

Article(s):

Show more

Order:

Show more

Requesting State:

Show more

Requested State:

Show more

Court Level:

Show more

Instrument:

Search results (48)

  • 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 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.

  • 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.

  • 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.

  • 2010 | HC/E/FR 1044 | Court of Justice of the European Union (CJEU) |
    Mercredi v. Chaffe (C-497/10 PPU)
    Languages
    Full text download EN
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 19

    Ruling

    Preliminary Ruling issued, case remitted to United Kingdom (England & Wales) courts.

  • 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

  • 2010 | HC/E/CA 1124 | CANADA | First Instance |
    Ryan v. Ryan
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12 13(1)(b) 16 19

    Ruling

    Retention wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 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.

  • 2000 | HC/E/1099 | LUXEMBOURG | Appellate Court |
    Cour d'appel de Luxembourg, 3 mai 2000, Nos de rôle 24115 et 24134
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16

    Article(s)

    10 12 19

    Ruling

    Appeal allowed; the Luxembourg courts had no jurisdiction.

  • 2016 | HC/E/HR 1392 | CROATIA | First Instance
    Municipal Court of Rijeka, No. R1 Ob-336/16 of 27 July 2016
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Issues Relating to Return | Procedural Matters

    Order

    Return refused

    Article(s)

    7 12 13(1)(b) 13(2) 16 19

    Synopsis

    1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents– Father national of Croatia and Germany – Mother national of Croatia – Joint parental responsibility  according to the German Civil Code – Child lived in Germany until December 2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 – Return refused – Main issues: Art. 13(1)(b) grave risk exception to return, Objections of the Child to a Return, Procedural matters  – The Court refused the request for return of the child under Art. 13(1)(b) of the 1980 Hague Child Abduction Convention.

  • 2018 | HC/E/UA 1397 | Superior Appellate Court
    Hague return case from Ukraine to the United Kingdom No 2-4237/12
    Languages
    Full text download
    Summary available in EN
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | European Convention on Human Rights (ECHR)

    Order

    Return ordered

    Article(s)

    2 3 5 8 12 13(1)(a) 13(1)(b) 16 19 20 12(1)

    Synopsis

    1 child wrongfully retained at age 6 months - National of United Kingdom and Ukraine - Married parents- Father national of the United Kingdom - Mother national of Ukraine – Applicant father had joint custody with respondent mother under British legislation – Child lived in the United Kingdom until 11 April 2012 -Application for return filed with the courts of Ukraine on 19 December 2012 - Return ordered on 29 August 2018 - Main issues: Articles 5 and 12 of the 1980 Hague Child Abduction Convention (a parent cannot independently decide to change the child’s place of habitual residence; the place of habitual residence is of major importance to restoring of the status quo for the child; first instance court and appeal court incorrectly interpreted exceptions for non-return of a child as a settlement in new environment, acquiescence in the retention and grave risk to return).

  • 1998 | HC/E/DE 233 | GERMANY | Other |
    Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Article(s)

    Preamble 12 13(1)(b) 13(2) 19 20

    Ruling

    Constitutional complaint upheld; the decision of the Higher Regional Court (OLG) had violated the parental rights of the father pursuant to German Basic Law and violated the constitutional rights of the children. The case was remitted to the Higher Regional Court (OLG) of Celle.

  • 2000 | HC/E/AU 282 | AUSTRALIA | First Instance |
    Director-General, NSW Department of Community Services and Odierna, 17 March 2000, Family Court of Australia (Sydney)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21 | Procedural Matters

    Order

    Application dismissed

    Article(s)

    1 5 19 21

    Ruling

    Application dismissed; in the absence of a court order conferring him access rights, the father did not have the standing to bring an application for access pursuant to the Family Law (Child Abduction Convention) Regulations.

  • 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.

  • 1990 | HC/E/AT 378 | AUSTRIA | Superior Appellate Court |
    7Ob573/90 Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Article(s)

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

    Ruling

    Challenge to legality dismissed; the removal was wrongful but the child had become settled in her new environment. The return was therefore refused.

  • 1999 | HC/E/CH 427 | SWITZERLAND | Superior Appellate Court |
    5P.1/1999, Tribunal fédéral suisse, (swiss Supreme Court), decision of 29 March 1999
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Human Rights - Art. 20

    Article(s)

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

    Ruling

    Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

  • 1998 | HC/E/CH 432 | SWITZERLAND | Appellate Court |
    Autorité de surveillance des tutelles (child protection agency), decision of 10 March 1998, 115/98
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return refused

    Article(s)

    3 5 11 12 13(1)(b) 16 17 19 26

    Ruling

    Appeal dismissed and return refused; the removal was wrongful, but Article 13(1)(b) had been proved to the standard required under the Convention.

  • 1999 | HC/E/CH 445 | SWITZERLAND | First Instance |
    Tribunal civil de l'arrondissement de la Sarine (Civil Court of the Sarine District), decision of 20 December 1999, TR 1999/419
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 2 3 5 11 12 13(1)(b) 19 26

    Ruling

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

  • 2007 | HC/E/CZ 730 | CANADA | First Instance |
    Benditkis v. Benditkis [2007] O.J. No. 4815; 162 A.C.W.S. (3d) 45; 46 R.F.L. (6th) 438
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Article 15 declaration granted

    Article(s)

    3 5 15 16 19

    Ruling

    Article 15 declaration granted; the child was habitually resident in Ontario and his retention was in breach of the mother's rights of custody.

  • 2010 | HC/E/CH 1060 | SWITZERLAND | Superior Appellate Court |
    5A_436/2010, II. zivilrechtliche Abteilung, arrêt du TF du 8 juillet 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 13(1)(b) 16 19 12(2) 26

    Ruling

    Appeal dismissed; decision ordering the children's return upheld, having considered with reasonable cause that none of the exceptions was applicable.