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Search results (40)

  • 1992 | HC/E/UKe 110 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re G. (A Minor) (Enforcement of Access Abroad) [1993] Fam 216
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21 | Interpretation of the Convention

    Article(s)

    21

    Ruling

    Application to enforce foreign access order refused; Article 21 was held to create no rights in private law which a parent could directly enforce in respect of a child.

  • 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/UKs 349 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Donofrio v. Burrell, 2000 S.L.T. 1051
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21

    Article(s)

    21

    Ruling

    Appeal dismissed and application for access under Article 21 allowed to proceed.

  • 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.

  • 2008 | HC/E/980 | FRANCE | Appellate Court |
    CA Lyon, 17 janvier 2008, No de RG 06/05749
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Role of the Central Authorities - Arts 6 - 10

    Article(s)

    7 21

    Ruling

    Parties urged to resort to mediation in order to solve the dispute involving visitation rights within the context of Article 21 of the 1980 Hague Child Abduction Convention.

  • 2006 | HC/E/USf 827 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Cantor v. Cohen, 442 F.3d 196 (4th Cir. 2006)
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Access - Art. 21

    Order

    Appeal dismissed, application dismissed

    Article(s)

    21

    Ruling

    Appeal dismissed and application dismissed; by a majority verdict it was held that under the International Child Abduction Remedies Act there was no jurisdiction for a Federal Court to hear an access claim.

  • 2005 | HC/E/USs 828 | UNITED STATES - STATE JURISDICTION | First Instance |
    Wiezel v. Wiezel-Tyrnauer, 388 F. Supp. 2d 206 (S.D.N.Y. 2005)
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Access - Art. 21

    Order

    Application dismissed

    Article(s)

    12 21

    Ruling

    Application dismissed; the court did not have jurisdiction to consider a request for access rights as a remedy to a wrongful retention.

  • 2010 | HC/E/CZ 1159 | European Court of Human Rights (ECrtHR) |
    Macready c. République tchèque (Requêtes Nos 4824/06 et 15512/07)
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    1 3 7 11 12 13(1)(a) 13(1)(b) 13(2) 16 21 13(3)

    Ruling

    Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

  • 1992 | HC/E/UKe 88 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re C. (Minors) (Enforcing Foreign Access Order) [1993] 1 FCR 770
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21

    Article(s)

    7 13(1)(b) 13(2) 21

    Ruling

    Subject to an undertaking, the child was to be sent to the United States for a two week period of contact with the father.

  • 1998 | HC/E/USf 223 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Bromley v. Bromley, 30 F. Supp. 2d 857 (E.D. Pa. 1998)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21 | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    7 21

    Ruling

    Application dismissed; there was no cause of action under the Convention to enforce access rights absent the wrongful removal or retention of the child.

  • 1999 | HC/E/AU 278 | AUSTRALIA | First Instance |
    Director-General, Department of Families Youth & Community Care v. Reissner [1999] FamCA 1238, (1999) 25 Fam LR 330
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21

    Article(s)

    1 4 Preamble 5 7 21

    Ruling

    Access ordered; the maternal grandmother possessed rights of access pursuant to the order of the Superior Court of Arizona and those rights had been breached by the father's actions.

  • 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/USf 463 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Janzik v. Schand, 2000 WL 1745203 (N.D.Ill.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21

    Order

    Application dismissed

    Article(s)

    21

    Ruling

    Application dismissed; there was no cause of action under the Convention to enforce access rights absent the wrongful removal or retention of the child.

  • 2005 | HC/E/710 | FRANCE | Appellate Court |
    CAA Marseille, 21 février 2005, No de RG 02MA00218
    Languages
    No full text available
    Summary available in FR
    Grounds

    Role of the Central Authorities - Arts 6 - 10

    Article(s)

    7 21

  • 2010 | HC/E/CA 1095 | CANADA | First Instance |
    T.T. c. M.M., Droit de la Famille 103615, Cour supérieure de Roberval, 15 décembre 2010, 2010 QCCS 6585
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Rights of Access - Art. 21

    Article(s)

    21

    Ruling

    Application dismissed; imposing the right of access was not in the children's interest.

  • 2014 | HC/E/RU 1342 | European Court of Human Rights (ECrtHR) |
    Hromadka and Hromadkova v. Russia (Application no 22909/10)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    3 21 35

    Ruling

    Violation of Article 8, ECHR; the Russian Federation had failed to put in place the necessary legal framework to address the international child abduction case at the time, and had failed to take all reasonable measures to facilitate the enjoyment of the right to family life. The Russian Court's decision to refuse to recognise and enforce the Czech decision of 2 June 2011 did not amount to a violation of Article 8, ECHR.

    The Court considered it unnecessary to separately examine the applicant's claim under Article 13, ECHR. 12,500 Euros awarded in damages. 

  • 2016 | HC/E/PL 1347 | European Court of Human Rights (ECrtHR)
    G.N. v. Poland (Application No 2171/14)
    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)

    13(1)(b) 21

    Synopsis

    1 child wrongfully retained at 8 months old – National of Canada – Married parents – Father national of Canada and Poland – Mother national of Poland – Child lived in Canada  – Application for return filed with the courts of Poland on 31 October 2011 – Return refused before application to ECtHR on 23 December 2013 – Violation of Art. 8 ECHR – EUR 9,000 awarded in damages – The reasoning of the domestic courts in applying Art. 13(1)(b) of the 1980 Child Abduction Hague Convention disregarded the relevant elements necessary for assessing the best interests of the child within the strict application of the Article

  • 1997 | HC/E/UKe 36 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    S. v. H. (Abduction: Access Rights) [1998] Fam 49
    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 | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3 Preamble 5 21

    Ruling

    Application dismissed; there had neither been a wrongful removal nor a wrongful retention.

  • 1997 | HC/E/AU 211 | AUSTRALIA | Appellate Court |
    Police Commissioner of South Australia v. Castell (1997) FLC 92-752
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21 | Interpretation of the Convention

    Article(s)

    4 7 21

    Ruling

    Appeal dismissed; the Family Law Regulations, which give effect to rights arising under the Hague Convention, do not accord the Australian Central Authority with the power to apply for access rights to be created.

  • 2005 | HC/E/UKe 809 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Hunter v. Murrow [2005] EWCA Civ 976
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Article 15 Decision or Determination | Rights of Access - Art. 21

    Order

    Appeal dismissed, application dismissed

    Article(s)

    3 15 21

    Ruling

    Appeal dismissed and application dismissed; the removal was not wrongful for it had not led to the breach of any rights of custody.