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Search results (13)

  • 1995 | HC/E/AR 362 | ARGENTINA | Superior Appellate Court |
    W., E. M. c. O., M. G., Supreme Court, June 14, 1995
    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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 Preamble 13(1)(b) 20

    Ruling

    Appeal dismissed and return ordered; the mother's constitutional rights had not been violated by the application of the Convention, nor had the lower courts erred in their application of the Convention: the retention was wrongful and none of the exceptions had been proved to the standard required.

  • 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.

  • 1998 | HC/E/DE 233 | GERMANY | Other |
    Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Article(s)

    Preamble 12 13(1)(b) 13(2) 19 20

    Ruling

    Constitutional complaint upheld; the decision of the Higher Regional Court (OLG) had violated the parental rights of the father pursuant to German Basic Law and violated the constitutional rights of the children. The case was remitted to the Higher Regional Court (OLG) of Celle.

  • 1997 | HC/E/UKe 114 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re O. (Child Abduction: Re-Abduction) [1997] 2 FLR 712
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2

    Article(s)

    1 2 Preamble 12 16

    Ruling

    The court ordered that the girls be returned to Sweden to enable the original Convention proceedings to be completed.

  • 1997 | HC/E/UKe 36 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    S. v. H. (Abduction: Access Rights) [1998] Fam 49
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3 Preamble 5 21

    Ruling

    Application dismissed; there had neither been a wrongful removal nor a wrongful retention.

  • 2001 | HC/E/NZ 492 | NEW ZEALAND | First Instance |
    Secretary for Justice v. Abrahams, ex parte Brown
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 3 Preamble 12 13(1)(a) 13(1)(b) 13(2)

    Ruling

    Return ordered; although the children objected to a return there was evidence of external pressure and the court exercised its discretion to make a return order, finding that the appropriate forum for a substantive custody hearing was South Africa.

  • 2001 | HC/E/USf 461 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Miller v. Miller, 240 F.3d 392 (4th Cir. 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 Preamble 12 13(1)(b) 17

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the level of risk required under Article 13(1)(b) had not been proved.

  • 1993 | HC/E/IE 289 | IRELAND | First Instance |
    W. v. Ireland [1994] ILRM 126; sub nom, A.C.W. v. Ireland [1994] 3 IR 232
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Human Rights - Art. 20

    Article(s)

    1 3 Preamble 12 13(1)(b) 20

    Ruling

    Application dismissed and return ordered; the Convention does not violate the Irish Constitution.

  • 1994 | HC/E/UKe 174 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re K. (Abduction: Consent: Forum Conveniens) [1995] 2 FLR 211
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3

    Article(s)

    3 Preamble 12

    Ruling

    The Court of Appeal upheld the finding that there had not been a wrongful retention under the Convention. However, the court allowed the appeal in that it stayed the substantive family law proceedings and held that the child's future should be determined in Texas.

  • 1996 | HC/E/AU 69 | AUSTRALIA | Appellate Court |
    S. Hanbury-Brown and R. Hanbury-Brown v. Director General of Community Services (Central Authority) (1996) FLC 92-671, [1996] FamCA 23, 20 Fam LR 334
    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 | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    3 Preamble

    Ruling

    Appeal dismissed and return refused; the children were habitually resident in Australia at the relevant date.

  • 2008 | HC/E/CA 851 | CANADA | Appellate Court
    Ibrahim v. Girgis, 2008 ONCA 23
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return ordered

    Article(s)

    Preamble 12 13(1)(a) 13(1)(b) 13(2) 20

    Ruling

    Appeal allowed and return ordered; Article 13(1)(a) - acquiescence - had not been proved to the standard required under the Convention.

  • 2018 | HC/E/CA 1417 | CANADA - NOVA SCOTIA | Appellate Court
    Beairsto v. Cook, 2018 NSCA 90
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, application dismissed

    Article(s)

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

    Synopsis

    1 child allegedly retained at age 6 months – National of the US Father national of US – Mother national of Canada – Father gave open-ended consent to mother to travel with the child to Canada – Child lived in United States for first 42 days of life – Application for return filed with the courts of Canada in December 2017 – The return decision of the Nova Scotia Supreme Court was appealed to the Nova Scotia Court of Appeal where the application was dismissed – Main issues: habitual residence – the Court of Appeal applied the “hybrid approach” to determine the habitual residence of the child and found the child to be habitually resident in Nova Scotia.

  • 2018 | HC/E/CA 1416 | CANADA | First Instance
    Mbuyi v. Ngalula, 2018 MBQB 176
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

    Order

    Return ordered

    Article(s)

    1 3 4 Preamble 12 13(1)(a) 13(1)(b)

    Synopsis

    2 children wrongfully retained at ages 1 and 2 – Married parents – Father national of the United States – Mother national of Canada – Both parents had rights of custody under the laws of Iowa – Children lived in the United State until 16 June 2018 – Application for return filed with the Central Authority of the United States on 18 August 2018 – Return ordered – Main issues: Article 3 -  children habitually resident in the United States, father had rights of custody and had only agreed to a one month stay in Canada, retention was therefore wrongful - Article 13(1)(a) Consent & Acquiescence – Exception not established, there is no “clear and cogent evidence of unequivocal consent or acquiescence” - Article 13(1)(b) Grave Risk – Exception not established, measures of protection are available in Iowa.