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Search results (6)

  • 2005 | HC/E/TR 742 | European Court of Human Rights (ECrtHR) |
    Eskinazi and Chelouche v. Turkey (Application No 14600/05)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    9 13(1)(b) 13(2) 14 15 16 20 30

    Ruling

    By a majority the Court declared the application to be inadmissible, on the basis of it being manifestly ill-founded; the Turkish authorities had not disregarded their obligations under Article 6 of the ECHR (right to fair trial) or violated the right to respect for family life guaranteed under Article 8 of the ECHR.

  • 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.

  • 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.

  • 2002 | HC/E/ES 907 | SPAIN | Superior Appellate Court |
    Sentencia nº 120/2002 (Sala Primera); Número de Registro 129/1999. Recurso de amparo
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Procedural Matters

    Article(s)

    1 3 7 9 11

    Ruling

    "Amparo" granted by the Constitutional Court which mandated the Court of Appeals to decide on the merits of the appeal.

  • 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.

  • 2014 | HC/E/PA 1341 | PANAMA | First Instance |
    PROD c/ DDMV
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 7 9 12 13(1)(b) 16

    Ruling

    Appeal allowed, return ordered. The removal to Panama was considered wrongful and the grave risk exception of Article 13(1)(b) raised by the mother was not established.