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Search results (807)

  • 2002 | HC/E/UKe 470 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    W. and B. v. H. (Child Abduction: Surrogacy) [2002] 1 FLR 1008
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3

    Ruling

    Application dismissed; the children were found to be without a habitual residence therefore the Convention was not applicable.

  • 2000 | HC/E/UKe 478 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re H. (Abduction: Habitual Residence: Consent) [2000] 2 FLR 294
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Retention wrongful and return ordered; the child was still habitually resident in Sweden at the relevant date.

  • 2000 | HC/E/USf 313 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Croll v. Croll, 229 F.3d 133 (2d Cir. September 20, 2000 cert. den. Oct. 9, 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Appeal allowed, application dismissed

    Article(s)

    1 3 5

    Ruling

    Appeal allowed and application dismissed; the removal was not wrongful as the father did not possess rights of custody at the time of the removal.

  • 2001 | HC/E/NL 314 | NETHERLANDS - KINGDOM IN EUROPE | Appellate Court |
    De directie Preventie, optredend voor zichzelf en namens Y (the father) against X (the mother) (7 February 2001, ELRO nr.AA9851 Zaaknr:813-H-00)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    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 refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but the standard required under Article 13(2) had been met to show that the child objected to a return.

  • 1998 | HC/E/DE 322 | GERMANY | First Instance |
    562 f 4374/98, Familiengericht München (Family Court of Munich) (Germany), 23 October 1998
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    1 3 12(1)

    Ruling

    Application dismissed; the retention was not wrongful as the child was habitually resident in Germany at the relevant date.

  • 1997 | HC/E/DE 338 | GERMANY | Other |
    Bundesverfassungsgericht, 2 BvR 1126/97, 18 July 1997
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    3

    Ruling

    Leave for constitutional challenge rejected; it was for the Oberlandesgerichte and the Amtsgerichte to apply and interpret the provisions of the Convention.

  • 1998 | HC/E/IS 365 | ICELAND | Superior Appellate Court |
    M. v. K. 20/02/1998; Iceland Supreme Court
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5

    Ruling

    Appeal dismissed and return ordered; the removal breached the mother's rights of custody and was therefore wrongful.

  • 2000 | HC/E/IS 366 | ICELAND | Superior Appellate Court |
    M. v. K. 12/12/2000; Iceland Supreme Court
    Languages
    Full text download IS
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 5 13(2) 15

    Ruling

    Appeal allowed and return ordered; the Convention was applicable and the retention was wrongful while Article 13(2) had not been proved to the standard required.

  • 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.

  • 1994 | HC/E/CA 372 | CANADA | Appellate Court |
    Hoge v. Hoge [1994] AJ No. 1036, (1994) 162 AR 397, (1994) 10 RFL (4th) 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Appeal allowed, application dismissed

    Article(s)

    1 3

    Ruling

    Appeal allowed and application dismissed; the retention was not wrongful as no rights of custody had been breached.

  • 1999 | HC/E/AU 374 | AUSTRALIA | First Instance |
    The Commonwealth Central Authority and P, 23 December 1999, Family Court of Australia at Darwin [1999] FamCA 1902
    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 5 12 13(1)(b)

    Ruling

    Return ordered; the removal of the child breached the father's rights of custody and Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 1998 | HC/E/AT 383 | AUSTRIA | Superior Appellate Court |
    7Ob72/98h, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

    Article(s)

    1 3 5 12 14 17

    Ruling

    Challenge to legality dismissed; while the return proceedings were pending, the authorities in the children's State of habitual residence had granted the mother custody.

  • 2001 | HC/E/IT 449 | ITALY | First Instance |
    Tribunal for Children, Florence, 29 August 2001, Case No 810/01 C et n. 3690 Cron.
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21

    Order

    Return ordered

    Article(s)

    3 5 12

    Ruling

    Return ordered; the removal was wrongful having breached actually exercised rights of custody.

  • 2000 | HC/E/USs 460 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Dalmasso v. Dalmasso, 9 P.3d 551 (Kan.2000)
    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) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b) 26 30

    Ruling

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

  • 2001 | HC/E/UKs 415 | UNITED KINGDOM - SCOTLAND | First Instance |
    A.Q. v. J.Q., 12 December 2001, transcript, Outer House of the Court of Session
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

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

    Ruling

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

  • 2001 | HC/E/UKs 351 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    D. v. D. 2002 SC 33
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Appeal allowed, application dismissed

    Article(s)

    3

    Ruling

    Appeal allowed and application dismissed; the child was not habitually resident in Switzerland at the time of the removal.

  • 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.

  • 1998 | HC/E/NO 343 | NORWAY | First Instance |
    S.E.H. v. H.E.H., 21 December 1998, transcript, Holt Court of Execution and Enforcement
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the retention was wrongful, but the standard required under Articles 13(1)(b) and 13(2) had been met.

  • 2001 | HC/E/USf 385 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Armiliato v. Zaric-Armiliato, 169 F. Supp. 2d 230 (SDNY 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 14

    Ruling

    Return ordered; the removal was wrongful as the child was habitually resident in Italy at the time of her removal.

  • 2001 | HC/E/USf 386 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    March v. Levine, 249 F.3d 462 (6th Cir. 2001)
    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)

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 11 12 13(1)(b) 14

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.