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Search results (46)

  • 1994 | HC/E/UKe 119 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re N. (Child Abduction: Jurisdiction) [1995] Fam 96
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Role of the Central Authorities - Arts 6 - 10

    Article(s)

    7 8 11

    Ruling

    The court granted an order that the child should be restored into the care of the mother if he arrived within the jurisdiction in the immediate future.

  • 1993 | HC/E/AU 253 | AUSTRALIA | First Instance |
    In the Marriage of McOwan v. McOwan (1994) FLC 92-451
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Undertakings

    Article(s)

    1 7

    Ruling

    No order made; undertakings and the post return situation considered.

  • 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.

  • 2012 | HC/E/AR 1315 | ARGENTINA | Superior Appellate Court |
    G., P. C. c. H., S. M. s/ reintegro de hijos
    Languages
    Full text download ES
    Summary available in EN | 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

    Appeal allowed, return ordered

    Article(s)

    1 3 7 13(1)(b) 15

    Ruling

    Appeal allowed, return ordered. The retention was considered wrongful. The grave risk exception under Article 13(1)(b), raised by the defendant on appeal, had not been established. The children's opinions did not suggest a strong opposition that would be sufficient to constitute the exception to return under Article 13(2).

  • 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.

  • 2016 | HC/E/HR 1392 | CROATIA | First Instance
    Municipal Court of Rijeka, No. R1 Ob-336/16 of 27 July 2016
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Return refused

    Article(s)

    7 12 13(1)(b) 13(2) 16 19

    Synopsis

    1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents– Father national of Croatia and Germany – Mother national of Croatia – Joint parental responsibility  according to the German Civil Code – Child lived in Germany until December 2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 – Return refused – Main issues: Art. 13(1)(b) grave risk exception to return, Objections of the Child to a Return, Procedural matters  – The Court refused the request for return of the child under Art. 13(1)(b) of the 1980 Hague Child Abduction Convention.

  • 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.

  • 1995 | HC/E/AU 104 | AUSTRALIA | Appellate Court |
    Cooper v. Casey (1995) FLC 92-575
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Role of the Central Authorities - Arts 6 - 10

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 7

    Ruling

    Appeal dismissed and return ordered; the boys were habitually resident in the United States at the relevant time and none of the exceptions had been made out.

  • 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.

  • 1995 | HC/E/NZ 248 | NEW ZEALAND | First Instance |
    Hall v. Hibbs [1995] NZFLR 762
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Return ordered

    Article(s)

    1 2 7 12 13(1)(b) 16

    Ruling

    Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

  • 1999 | HC/E/US 848 | FRANCE | Appellate Court |
    CA Paris, 7 octobre 1999, No de RG 1999-18635
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Role of the Central Authorities - Arts 6 - 10

    Article(s)

    7

  • 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

  • 2008 | HC/E/MX 1039 | MEXICO | Appellate Court |
    Procedure for Return of Child, Case No. 1313/2007, instituted by A.C. B.I. against P.R.I.P
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 7 13(1)(b) 13(2) 20 12(2) 26

    Ruling

    Appeal allowed and return ordered; the retention had been wrongful and none of the exceptions had been established to the standard required under the Convention.

  • 2006 | HC/E/FR 1008 | FRANCE | Appellate Court
    CA Paris, 19 octobre 2006, No de RG 06/12398
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    1 3 7 8 12(2)

    Ruling

    Appeal dismissed and return refused; more than one year had passed between the retention and the filing of the legal action and it was not contested that the children were settled in their new environment. 

  • 2013 | HC/E/FR 1271 | European Court of Human Rights (ECrtHR) |
    Raw et autres c. France (Requête No 10131/11)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    1 2 3 4 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)

    Ruling

    By five to two, the ECrtHR held that France had breached Article 8 of the European Convention on Human Rights (ECHR) owing to its authorities' forbearance of the father's refusal to cooperate in execution of the return judgment. The Court also granted just satisfaction to the mother, her younger son and her daughter under Article 41 of the ECHR.

  • 1994 | HC/E/UKe 85 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re O. (Child Abduction: Undertakings) (No.1) [1994] 2 FLR 349
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10

    Order

    Return ordered with undertakings offered

    Article(s)

    7 13(1)(b)

    Ruling

    Return ordered, subject to undertakings. The court held that the undertakings would provide sufficient protection for the children prior to the substantive custody hearing.

  • 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/MT 831 | MALTA | First Instance |
    In the records of application no. 774/2005 of the 17 August 2005 submitted by the Director for Standards of Social Welfare
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    1 3 7 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.

  • 2000 | HC/E/CH 435 | SWITZERLAND | Appellate Court |
    Kantonsgericht von Graubünden (Court of Appeal of the Grisons Canton), decision of 6 March 2000, PZ 00 9
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    1 3 4 7 9 12 13(1)(a) 13(1)(b) 13(2) 16 26

    Ruling

    Appeal dismissed and return refused; the retention was wrongful but the child objected to a return and was of an appropriate age and maturity to have her views taken into account.