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Search results (45)

  • 1988 | HC/E/UKs 25 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    MacMillan v. MacMillan 1989 SLT 350
    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)

    2 3 13(1)(b)

    Ruling

    Appeal dismissed and return refused; the father's history of depression and alcoholism created a risk to the child serious enough to support a finding under Article 13(1)(b).

  • 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.

  • 2007 | HC/E/PA 681 | PANAMA | Superior Appellate Court |
    J. E. M. D. c. M. de J. B s / reintegro de hijo
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 2 3 4 12 13(1)(b)

    Ruling

    Appeal allowed, return ordered; the removal was wrongful and the grave risk of harm envisaged by Art. 13 (1)(b) was not proved.

  • 2006 | HC/E/TR 731 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2006/17797 K. 2006/14657
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return ordered

    Article(s)

    2 12 13(1)(b)

    Ruling

    Return ordered.

  • 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.

  • 2015 | HC/E/GE 1349 | European Court of Human Rights (ECrtHR)
    G.S. v. Georgia (Application No 2361/13)
    Languages
    Full text download EN
    No summary available
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    2 11 13(1)(b)

    Synopsis

    1 child wrongfully retained at age 6 – National of Ukraine – Unmarried parents – Father national of Georgia and Ukraine – Mother national of Ukraine – Child lived in Ukraine until July 2010 – Application for return filed with the Central Authority of Ukraine in October 2010 – Return refused before application to ECtHR on 28 December 2012 – Violation of Art. 8 ECHR – EUR 8,300 awarded in damages – The reasoning of the Georgian Supreme Court regarding Art. 13(1)(b) of the 1980 Child Abduction Hague Convention was insufficient and misconceived - The child's best interests in view of the specific circumstances of the case were not properly determined

  • 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).

  • 1992 | HC/E/IL 214 | ISRAEL | Superior Appellate Court |
    T. v. M., 15 April 1992, transcript (Unofficial Translation), Supreme Court of Israel
    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) | Procedural Matters | Interpretation of the Convention

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 2 5 11 12 13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of psychological harm had not been met.

  • 1995 | HC/E/NZ 248 | NEW ZEALAND | First Instance |
    Hall v. Hibbs [1995] NZFLR 762
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

  • 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.

  • 1992 | HC/E/AT 565 | AUSTRIA | Superior Appellate Court |
    4Ob538/92, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    1 2 3 12 13(1)(b)

    Ruling

    Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

  • 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 1057 | SWITZERLAND | Superior Appellate Court |
    5A_105/2009, II. zivilrechtliche Abteilung, arrêt du TF du 16 avril 2009
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    2 3 13(1)(b) 20 12(2) 26

    Ruling

    Appeal allowed, return ordered. The exception of grave risk of danger could not apply unless the US authorities denied the mother a visa enabling her to enter and remain in the United States of America until a custody ruling.

  • 2013 | HC/E/FR 1271 | European Court of Human Rights (ECrtHR) |
    Raw et autres c. France (Requête No 10131/11)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    1 2 3 4 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)

    Ruling

    By five to two, the ECrtHR held that France had breached Article 8 of the European Convention on Human Rights (ECHR) owing to its authorities' forbearance of the father's refusal to cooperate in execution of the return judgment. The Court also granted just satisfaction to the mother, her younger son and her daughter under Article 41 of the ECHR.

  • 2015 | HC/E/SK 1308 | European Court of Human Rights (ECrtHR) |
    Hoholm v. Slovakia (Application No 35632/13)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) |

    Article(s)

    1 2 11

    Ruling

    The ECrtHR held unanimously that the Slovak Republic had breached Article 6(1) of the ECHR taken alone and in conjunction with Article 13, due to the excessive length of the proceedings and the lack of an effective remedy.

  • 1995 | HC/E/CA 15 | CANADA | Appellate Court |
    Re Medhurst and Markle; Attorney General of Ontario Intervenor, (1995) 26 OR (3d) 178
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    1 2 3 8 12 13(1)(b)

    Ruling

    The father's appeal was allowed and the order dismissing his application as an abuse of the process set aside. The mother's cross-appeal was dismissed as the child was found to be habitually resident in Germany immediately prior to her removal. The child was to be returned to Germany, subject to undertakings.

  • 1997 | HC/E/UKe 114 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re O. (Child Abduction: Re-Abduction) [1997] 2 FLR 712
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2

    Article(s)

    1 2 Preamble 12 16

    Ruling

    The court ordered that the girls be returned to Sweden to enable the original Convention proceedings to be completed.

  • 1995 | HC/E/AU 280 | AUSTRALIA | First Instance |
    Emmett and Perry and Director-General Department of Family Services and Aboriginal and Islander Affairs Central Authority and Attorney-General of the Commonwealth of Australia (Intervener) (1996) 92-645
    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) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the retention of the children was wrongful and the standard required under the various exceptions raised had not been met.

  • 2003 | HC/E/CA 757 | CANADA | Appellate Court |
    Jabbaz v. Mouammar (2003), 226 D.L.R. (4th) 494 (Ont. C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Issues Relating to Return

    Order

    Appeal allowed, return ordered

    Article(s)

    1 2 4 12 13(1)(b)

    Ruling

    Appeal allowed and return ordered, provided that the child was permitted to enter the United States. The retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.

  • 1992 | HC/E/CH 299 | SWITZERLAND | First Instance |
    K. v. K., 13 February 1992, Tribunal cantonal de Horgen
    Languages
    Full text download EN
    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) | Undertakings | Procedural Matters

    Order

    Return ordered

    Article(s)

    2 3 4 5 12 13(1)(b) 16 26

    Ruling

    Return ordered; the removal was wrongful as it was in breach of the father's actually exercised rights of custody and the standard required under Article 13(1)(b) to indicate a grave risk of harm had not been met.