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Search results (149)

  • 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.

  • 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.

  • 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.

  • 1990 | HC/E/AU 256 | AUSTRALIA | First Instance |
    In the Marriage of Brandon v. Brandon (1991) 14 Fam. LR 181
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12

    Ruling

    Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

  • 1998 | HC/E/AU 295 | NEW ZEALAND | Superior Appellate Court |
    Dellabarca v. Christie [1999] NZFLR 97
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, refusal of Article 15 declaration confirmed

    Article(s)

    3 5 15 19

    Ruling

    Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

  • 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.

  • 1999 | HC/E/571 | SWITZERLAND | Superior Appellate Court
    C. c. dame X., IIe cour civile du 29.4.1999, ATF 125 III 301
    Languages
    No full text available
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3

    Article(s)

    3 5

  • 1990 | HC/E/AT 572 | AUSTRIA | Superior Appellate Court |
    1Ob614/90 Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    1 3 5

    Ruling

    Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

  • 2007 | HC/E/CA 728 | CANADA | First Instance |
    Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Order

    Return refused

    Article(s)

    1 3 4 5 13(1)(b) 14

    Ruling

    Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

  • 1998 | HC/E/AT 555 | AUSTRIA | Superior Appellate Court |
    7Ob72/98h, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in FR
    Grounds

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

    Article(s)

    3 5 13(1)(b) 17

  • 1996 | HC/E/CA 759 | CANADA | Appellate Court |
    Kinnersley-Turner v. Kinnersley-Turner (1996), 140 D.L.R. (4th) 678 (Ont. C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5 6 12

    Ruling

    Appeal dismissed and return ordered; the child was habitually resident in England at the time of the removal.

  • 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.

  • 1999 | HC/E/AU 374 | AUSTRALIA | First Instance |
    The Commonwealth Central Authority and P, 23 December 1999, Family Court of Australia at Darwin
    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/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 485 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Fawcett v. McRoberts, 168 F.Supp.2d 595 (W.Va. 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 3 5 13(1)(b)

    Ruling

    Return ordered: the removal was wrongful, being in breach of actually exercised rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

  • 2001 | HC/E/DE 491 | GERMANY | Appellate Court |
    Oberlandesgericht Köln, 21 UF 70/01, 12 April 2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 12 13(1)(b) 13(2)

    Ruling

    Appeal dismissed and return ordered; the removal had been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

  • 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.

  • 2001 | HC/E/BE 526 | BELGIUM | First Instance |
    N° de rôle : 01/6584/A
    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)

    1 3 5

    Ruling

    Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having custody.

  • 2009 | HC/E/AT 1033 | AUSTRIA | Superior Appellate Court |
    1Ob163/09s, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Article(s)

    3 5 13(1)(b)

    Ruling

    Appeal declared inadmissible.