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Search results (24)

  • 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.

  • 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.

  • 1991 | HC/E/USs 208 | UNITED STATES - STATE JURISDICTION | First Instance |
    David S. v. Zamira S., 151 Misc. 2d 630, 574 N.Y.S.2d 429 (Fam. Ct. 1991)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 8 13(1)(a) 15 12(2)

    Ruling

    Removal wrongful and return ordered; the standard required under Article 12(2) to show that the children were settled in their new environment had not been made out.

  • 2018 | HC/E/UA 1397 | Superior Appellate Court
    Hague return case from Ukraine to the United Kingdom No 2-4237/12
    Languages
    Full text download
    Summary available in EN
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | European Convention on Human Rights (ECHR)

    Order

    Return ordered

    Article(s)

    2 3 5 8 12 13(1)(a) 13(1)(b) 16 19 20 12(1)

    Synopsis

    1 child wrongfully retained at age 6 months - National of United Kingdom and Ukraine - Married parents- Father national of the United Kingdom - Mother national of Ukraine – Applicant father had joint custody with respondent mother under British legislation – Child lived in the United Kingdom until 11 April 2012 -Application for return filed with the courts of Ukraine on 19 December 2012 - Return ordered on 29 August 2018 - Main issues: Articles 5 and 12 of the 1980 Hague Child Abduction Convention (a parent cannot independently decide to change the child’s place of habitual residence; the place of habitual residence is of major importance to restoring of the status quo for the child; first instance court and appeal court incorrectly interpreted exceptions for non-return of a child as a settlement in new environment, acquiescence in the retention and grave risk to return).

  • 1997 | HC/E/FR 522 | FRANCE | Appellate Court |
    CAA Paris, 11 juillet 1997, No 96PA01389
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

    Article(s)

    3 8 27

    Ruling

    Appeal upheld in part: the tribunal administratif had jurisdiction to hear the case, but the application was rejected on the merits since the Central Authority had the power not to process the application on the basis of Article 27 of the Convention.

  • 1999 | HC/E/FR 523 | FRANCE | Superior Appellate Court |
    CE 30/06/1999 M Guichard
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    3 8 27

    Ruling

    The challenge was upheld insofar as the treatment of custody issues by the cour administrative d'appel was concerned but other than that the latter decision was upheld and the application to annul the decision of 7 June 1993 was dismissed.

  • 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/PK 1233 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) [2013] UKSC 60 [2013] 3 WLR 761
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | Non-Convention Issues | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 8 10 14 16

    Ruling

    Appeal allowed; the Supreme Court unanimously affirmed that English law retained a discretionary, residual basis of jurisdiction over children based on their British nationality. The case was remitted to the trial court to decide whether to exercise this jurisdiction. Were the trial court not to exercise the jurisdiction, a preliminary ruling application would be made to the Court of Justice of the European Union (CJEU) to enable the Supreme Court to decide on the habitual residence of the child.

  • 1995 | HC/E/CA 15 | CANADA | Appellate Court |
    Re Medhurst and Markle; Attorney General of Ontario Intervenor, (1995) 26 OR (3d) 178
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    1 2 3 8 12 13(1)(b)

    Ruling

    The father's appeal was allowed and the order dismissing his application as an abuse of the process set aside. The mother's cross-appeal was dismissed as the child was found to be habitually resident in Germany immediately prior to her removal. The child was to be returned to Germany, subject to undertakings.

  • 1990 | HC/E/UKe 175 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re H. (A Minor) (Abduction) [1990] 2 FLR 439
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 8

    Ruling

    Return ordered; the removal of the child was wrongful as the mother was in breach of her own rights of custody.

  • 2000 | HC/E/UKe 268 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    Re H. (A Minor) (Abduction: Rights of Custody) [2000] 2 AC 291
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 8

    Ruling

    Appeal dismissed and return ordered; the Irish court held rights of custody in respect of the child and the father was allowed to rely on those rights in making a return application under the Convention.

  • 1992 | HC/E/CA 768 | CANADA | First Instance |
    Wilson v. Challis, [1992] O.J. No. 563 (Q.L.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

  • 1999 | HC/E/NZ 304 | NEW ZEALAND | Superior Appellate Court |
    The Chief Executive of the Department for Courts for R. v. P., 20 September 1999, Court of Appeal of New Zeeland
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    3 8 12 13(1)(a)

    Ruling

    Appeal allowed; the removal was wrongful but the case was remitted to the Family Court in Christchurch to enable it to determine whether any of the exceptions were applicable.

  • 1999 | HC/E/CH 454 | SWITZERLAND | First Instance |
    Case No. C 99 4313, 11/10/1999, Arrondissement judiciaire I Courtelary-Moutier-La Neuveville
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    1 4 8 13(1)(b) 21 29 25

    Ruling

    Access ordered; the court recognized and enforced the American access order.

  • 2012 | HC/E/AT 1163 | AUSTRIA | Superior Appellate Court |
    6Ob73/12x, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Rights of Access - Art. 21

    Article(s)

    1 3 5 8 21

    Ruling

    Appeal inadmissible as it did not raise a sufficiently significant issue of law.

  • 2011 | HC/E/GR 1278 | GREECE | Superior Appellate Court |
    Supreme Court of Greece (?????? ?????), decision 1857, 16 December 2011
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 4 8 13(1)(b) 13(2) 12(2) 12(1)

    Ruling

    Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

  • 2013 | HC/E/GR 1279 | GREECE | First Instance |
    Court of First Instance of Thessaloniki (M???????? ??????????? ????????????), decision 2706, 7 February 2013
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    1 2 3 4 5 7 8 11 12 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

  • 1999 | HC/E/USf 216 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Blondin v. Dubois, 189 F.3d 240 (2d Cir. 1999)
    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) | Role of the Central Authorities - Arts 6 - 10

    Article(s)

    3 8 9 10 11 12 13(1)(b) 13(2) 16 19 29

    Ruling

    Appeal allowed and case remitted to the District Court to consider remedies that might allow both the return of the children to their habitual residence and their protection from harm pending a custody hearing in France.

  • 2005 | HC/E/709 | FRANCE | Superior Appellate Court |
    CE 4 février 2005, M. X.Y. (N°261029)
    Languages
    No full text available
    Summary available in FR
    Grounds

    Role of the Central Authorities - Arts 6 - 10

    Article(s)

    3 8 27

  • 1997 | HC/E/IE 287 | IRELAND | Superior Appellate Court |
    B.B. v. J.B. [1998] 1 ILRM 136; sub nom B. v. B. (Child Abduction) [1998] 1 IR 299
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    1 3 8 12 13(1)(a) 13(1)(b) 18

    Ruling

    Appeal allowed and case remitted to the High Court for it to exercise its discretion as to whether the child should be returned to England.