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Search results (9)

  • 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.

  • 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.

  • 2012 | HC/E/LV 1152 | European Court of Human Rights (ECrtHR) |
    Šneersone and Kampanella v. Italy (Application No 14737/09)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

    Article(s)

    3 4 6 7 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)

    Ruling

    The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

  • 1997 | HC/E/CH 425 | SWITZERLAND | First Instance |
    U/EU970069, Bezirksgericht Zürich (Zurich District Court) (Switzerland), decision of 18 April 1997
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Return refused

    Article(s)

    1 2 3 4 5 6 10 14 19 12(2) 12(1) 26

    Ruling

    Return refused; the retention was not wrongful as the father had consented to the relocation of the child.

  • 2011 | HC/E/FR 1130 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère, 26 octobre 2011, Nº de pourvoi 10-19.905, 1015
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Article(s)

    3 6 8 9 10 11 13(1)(b)

    Ruling

    Appeal dismissed; the Court of Appeal had rightly found the children's retention to be wrongful and the exceptions inapplicable.

  • 1992 | HC/E/LU 1114 | LUXEMBOURG | First Instance |
    Tribunal d'arrondissement de Luxembourg, 29 octobre 1992, Référé No 1895/92
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Role of the Central Authorities - Arts 6 - 10

    Article(s)

    6 7

    Ruling

    Application inadmissible for lack of locus standi.

  • 2012 | HC/E/RO 1149 | European Court of Human Rights (ECrtHR) |
    Karrer v. Romania (Application No 16965/10)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Issues Relating to Return | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 4 6 7 11 12 13(1)(b) 20

    Ruling

    The Court unanimously ruled that Romania had breached Article 8 of the ECHR in failing to thoroughly assess the best interests of the child and to give the father the opportunity to present his case. It also awarded the father compensation under Article 41 of the ECHR.

  • 1997 | HC/E/CA 664 | CANADA | First Instance |
    Droit de la Famille 2785, No 500-04-010132-976
    Languages
    No full text available
    Summary available in FR
    Grounds

    Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 6 7 13(2) 12(2) 26

  • 2009 | HC/E/1291 | European Court of Human Rights (ECrtHR) |
    Tapia Gasca et D. c. Espagne (Requête No 20272/06)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    1 2 3 6 7 8 11 12 13(1)(a) 13(1)(b) 13(2) 13(3) 12(2) 12(1)

    Ruling

    Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR). There was no separate issue concerning the claims based on Articles 6 and 13. The authorities' lack of diligence in preventing the abduction was admittedly manifest but had been indemnified by the Spanish authorities. The authorities had not been lacking in diligence regarding the child's return, despite the absence of results in this respect.