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 (737)

  • 1994 | HC/E/UKe 22 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re K. (Abduction: Child's Objections) [1995] 1 FLR 977, [1995] Fam Law 468
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

  • 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).

  • 1993 | HC/E/UKs 26 | UNITED KINGDOM - SCOTLAND | First Instance |
    McCarthy v. McCarthy [1994] SLT 743
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    Return ordered; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had not been met.

  • 1995 | HC/E/USf 98 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Nunez-Escudero v. Tice-Menley, 58 F.3d 374 (8th Cir. 1995)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal allowed; case remitted to the District Court.

  • 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.

  • 1991 | HC/E/UKe 40 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court
    Re F. (A Minor) (Child Abduction) [1992] 1 FLR 548, [1992] Fam Law 195
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal dismissed and return ordered; the child had acquired a habitual residence in Australia at the time of the removal. The court further found that the mother had not acquiesced in the removal.

  • 1992 | HC/E/DE 41 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B.-M. (Wardship: Jurisdiction) [1993] 1 FLR 979
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Article 15 declaration granted; the retention was wrongful for it was in breach of rights of custody vested in the English court.

  • 1993 | HC/E/UKs 108 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Perrin v. Perrin 1994 SC 45
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 15 12(2)

    Ruling

    Appeal dismissed and return ordered; the standard required under Article 12(2) had not been met.

  • 1992 | HC/E/UKe 52 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    W. v. W. (Child Abduction: Acquiescence) [1993] 2 FLR 211
    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 | Acquiescence - Art. 13(1)(a)

    Order

    Return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Return refused; the retention of the child was wrongful but that the father had acquiesced in terms of Article 13(1)(a). The court exercised its discretion not to order the return of the child.

  • 1986 | HC/E/UKs 116 | UNITED KINGDOM - SCOTLAND | First Instance |
    Kilgour v. Kilgour 1987 SC 55
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12

    Order

    Application dismissed

    Article(s)

    3 12

    Ruling

    Appeal dismissed as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

  • 1995 | HC/E/UKe 120 | UNITED KINGDOM - ENGLAND AND WALES | First Instance
    R. v. R. (Residence Order: Child Abduction) [1995] Fam 209, [1995] 3 WLR 425
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters | Interpretation of the Convention

    Article(s)

    3 16 17

    Ruling

    A direction was given that the Spanish Central Authority should be informed of the facts of the case. A further direction was given that the father should be advised of his Convention rights.

  • 1998 | HC/E/USs 123 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Flores v. Contreras, 981 S.W. 2d 246 (Tex. App. 1998)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3

    Ruling

    Appeal dismissed and return ordered; the child was habitually resident in Mexico at the moment of the retention.

  • 1990 | HC/E/UKs 73 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Dickson v. Dickson 1990 SCLR 692
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal dismissed, application dismissed

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal dismissed and application dismissed; the child lost his Australian habitual residence upon leaving that State for the parents had agreed that the child should relocate to the United Kingdom. Consequently the child was not wrongfully retained in Scotland once the mother changed her mind about the relocation.

  • 1994 | HC/E/USf 84 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Wanninger v. Wanninger, 850 F. Supp. 78 (D. Mass. 1994)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Return ordered; the actions of the father were insufficient to meet the standard required under Art. 13(1)(a) to show acquiescence.

  • 1993 | HC/E/NZ 29 | NEW ZEALAND | First Instance |
    Re J.E. (Child Abduction) [1993] 11 FRNZ 84
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

  • 1995 | HC/E/USf 130 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal dismissed insofar as the court found that the standard required under Article 13(1)(b) had not been met. However, the court ruled that the award of expenses should be reduced.

  • 1996 | HC/E/USf 132 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Walton v. Walton, 925 F. Supp. 453 (S.D. Miss. 1996)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered with undertakings offered

    Article(s)

    3

    Ruling

    Return ordered and undertakings volunteered; the removal of the child was wrongful.

  • 1998 | HC/E/AU 227 | AUSTRALIA | First Instance |
    Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the standard required under Articles 13(1)(a), 13(1)(b) and 13(2) had not been met.

  • 1995 | HC/E/AU 229 | AUSTRALIA | First Instance |
    Paterson, Department of Health and Community Services v. Casse (1995) FLC 92-629
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3 5 13(1)(a)

    Ruling

    Application dismissed; the children were habitually resident in Australia on the relevant date.

  • 1993 | HC/E/USf 143 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Slagenweit v. Slagenweit, 841 F. Supp. 264 (N.D. Iowa 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Application dismissed

    Article(s)

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

    Ruling

    Application dismissed; the child was no longer habitually resident in Germany at the relevant date.