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Search results (82)

  • 1997 | HC/E/USs 99 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Ciotola v. Fiocca, 86 Ohio Misc. 2d 24, 684 N.E.2d 763 (Ohio Com. Pl. 1997)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Human Rights - Art. 20 | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 6 8 12 13(1)(a) 13(1)(b) 20

    Ruling

    Appeal dismissed and return ordered; the child's place of habitual residence prior to the wrongful retention was Italy. The standard required under Article 20 had not been met.

  • 1997 | HC/E/USf 129 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
    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

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

  • 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.

  • 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.

  • 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.

  • 2001 | HC/E/CA 755 | CANADA | First Instance |
    J.S.S. v. P.R.S, [2001] 9 W.W.R. 581 (Sask. Q.B.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b) 20

    Ruling

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

  • 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.

  • 1996 | HC/E/CA 369 | CANADA | First Instance |
    Y.D. v. J.B., [1996] R.D.F. 753 (Que.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 13(1)(b) 20

    Ruling

    Return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met. The Court also ruled that the Convention did not violate the Canadian Charter of Rights and Freedoms.

  • 2008 | HC/E/FR 1004 | FRANCE | Appellate Court
    CA Paris, 22 mai 2008, No de RG 08/05966
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b) 20

    Ruling

    Appeal dismissed; return ordered. The removal was wrongful and the mother had not established that an exception was applicable.

  • 2002 | HC/E/DE 944 | GERMANY | Appellate Court |
    Oberlandesgericht Karlsruhe, 2 UF 115/02, 15 November 2002
    Languages
    No full text available
    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 4 13(1)(b) 20 31

  • 2007 | HC/E/CH 953 | SWITZERLAND | Superior Appellate Court |
    5A_479/2007 /frs, Bundesgericht, II. Zivilabteilung (Tribunal Fédéral, 2ème Chambre Civile)
    Languages
    No full text available
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 13(1)(a) 20 26

  • 2010 | HC/E/FR 1073 | FRANCE | Superior Appellate Court
    Cass Civ 1ère 8 Juillet 2010, N° de pourvoi 09-66406
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

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

    Article(s)

    13(1)(b) 13(2) 17 20

    Ruling

    Appeal dismissed; the Court of Appeal had duly applied the provisions of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

  • 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.

  • 2013 | HC/E/CR 1320 | COSTA RICA | Superior Appellate Court |
    L.R.C., a favor de I.C.R., y E.C.R., contra el Juzgado de Niñez y Adolescencia y El Tribunal de Familia
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Human Rights - Art. 20 | Procedural Matters | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return refused

    Article(s)

    13(1)(b) 20

    Ruling

    Appeal allowed, return denied. The girls had developed significant relations in Costa Rica (at school, with their family and social network) so return could imply serious consequences for the children. A return would, therefore, be contrary to the children's best interests, to Article 51 of the Political Constitution of Costa Rica and Article 3 of the United Nations Convention on the Rights of the Child of 20 November 1989. The Court also ruled that the exception to return in Article 20 of the 1980 Hague Child Abduction Convention was applicable.

  • 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).

  • 1995 | HC/E/UKe 96 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re K. (Abduction: Psychological harm) [1995] 2 FLR 550
    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) | Undertakings | Human Rights - Art. 20

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 12 13(1)(b) 20

    Ruling

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

  • 1996 | HC/E/USs 100 | UNITED STATES - STATE JURISDICTION | First Instance |
    Caro v. Sher, 296 N.J. Super. 594, 687 A.2d 354 (Ch. Div. 1996)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    13(1)(b) 20

    Ruling

    Retention wrongful and return ordered; the standard required under Article 13(1)(b) to indicate that the children would face an intolerable situation had not been met.

  • 2000 | HC/E/FR 274 | FRANCE | Appellate Court |
    CA Grenoble, 29 mars 2000, No de RG 00/00797
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 13(1)(b) 13(2) 16 20 26

    Ruling

    Appeal dismissed, removal wrongful and return ordered with undertakings offered; none of the exceptions argued had been proved to the requisite standard.

  • 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.

  • 1997 | HC/E/AU 283 | AUSTRALIA | First Instance |
    State Central Authority of Victoria v. Ardito, 29 October 1997, Family Court of Australia (Melbourne)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

    Order

    Return refused

    Article(s)

    13(1)(b) 20

    Ruling

    Retention wrongful but return refused; the standard required under Article 13(1)(b) had been made out. The fact that the mother was denied entry into the United States constituted a grave risk that the child would be placed in an intolerable situation if sent back alone.