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Search results (1453)

  • 2000 | HC/E/USs 460 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Dalmasso v. Dalmasso, 9 P.3d 551 (Kan.2000)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b) 26 30

    Ruling

    Appeal dismissed and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2001 | HC/E/UKs 415 | UNITED KINGDOM - SCOTLAND | First Instance |
    A.Q. v. J.Q., 12 December 2001, transcript, Outer House of the Court of Session
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 13(2)

    Ruling

    Return ordered; removal wrongful and none of the exceptions proved to the standard required under the Convention.

  • 2001 | HC/E/CH 423 | SWITZERLAND | Superior Appellate Court |
    Bundesgericht, II. Zivilabteilung (Federal Supreme Court, 2nd Civil Chamber) Decision of 13 September 2001, 5P.160/2001/min
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters

    Article(s)

    13(1)(b) 13(3)

    Ruling

    Appeal dismissed; refusal to enforce return order upheld. The Court did not find that the refusal to enforce the return order had violated any of the applicant father's rights under either the Swiss Federal Constitution or any international instrument.

  • 1999 | HC/E/UKs 349 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Donofrio v. Burrell, 2000 S.L.T. 1051
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21

    Article(s)

    21

    Ruling

    Appeal dismissed and application for access under Article 21 allowed to proceed.

  • 2001 | HC/E/UKs 351 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    D. v. D. 2002 SC 33
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Appeal allowed, application dismissed

    Article(s)

    3

    Ruling

    Appeal allowed and application dismissed; the child was not habitually resident in Switzerland at the time of the removal.

  • 1994 | HC/E/IL 356 | ISRAEL | Appellate Court |
    E. v. E., 20 January 1994, C.A. 6056/93, Bagatz 6860/93, The Supreme Court of Israel, sitting as a Court of Civil Appeals and as the High Court of Justice
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed; return ordered; the removal was wrongful as the father's right of custody had been breached, and none of the exceptions raised by the mother had been proved.

  • 1999 | HC/E/ZW 340 | ZIMBABWE | First Instance |
    Secretary For Justice v. Parker 1999 (2) ZLR 400 (H)
    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) | Undertakings | Procedural Matters

    Order

    Return ordered subject to undertakings

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful and return ordered subject to undertakings; the standard of harm required under Article 13(1)(b) had not been established.

  • 1998 | HC/E/NO 343 | NORWAY | First Instance |
    S.E.H. v. H.E.H., 21 December 1998, transcript, Holt Court of Execution and Enforcement
    Languages
    Full text download EN
    Summary available in EN | FR | 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

    Return refused

    Article(s)

    3 13(1)(b) 13(2)

    Ruling

    Return refused; the retention was wrongful, but the standard required under Articles 13(1)(b) and 13(2) had been met.

  • 2001 | HC/E/USf 385 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Armiliato v. Zaric-Armiliato, 169 F. Supp. 2d 230 (SDNY 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 14

    Ruling

    Return ordered; the removal was wrongful as the child was habitually resident in Italy at the time of her removal.

  • 2001 | HC/E/USf 386 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    March v. Levine, 249 F.3d 462 (6th Cir. 2001)
    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)

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 11 12 13(1)(b) 14

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

  • 2001 | HC/E/USs 387 | UNITED STATES - STATE JURISDICTION
    (Deleted) Sharif Salah v. Awes, No. F9001664 (Minn. App. Div. 2001)
    Languages
    No full text available
    Summary available in EN
    Ruling

    Remanded; the district court failed to explain its application of the Convention and Canadian law. The District Court was ordered to explicitly apply the relevant portions of the Convention and make findings of fact explaining its application.

  • 1994 | HC/E/DK 400 | DENMARK | Appellate Court |
    Ø.L.K. 29. marts 1994, 10 afd., B-0702-94
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal allowed, return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal allowed and return refused; the father had acquiesced in the retention in the terms of Article 13(1)(a).

  • 1999 | HC/E/DK 407 | DENMARK | Appellate Court |
    Ø.L.K. 1. Februar 1999, 1. afd., B-0149-99
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    3

    Ruling

    Appeal dismissed and return ordered; the Norwegian Social Authorities had rights amounting to custody rights that had been breached by the mother's removal of the child.

  • 1998 | HC/E/AU 295 | NEW ZEALAND | Superior Appellate Court |
    Dellabarca v. Christie [1999] NZFLR 97
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, refusal of Article 15 declaration confirmed

    Article(s)

    3 5 15 19

    Ruling

    Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

  • 1996 | HC/E/IT 300 | ITALY | First Instance |
    A. v. S., 24 June 1996, Venice Juvenile Court
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Application dismissed

    Article(s)

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

    Ruling

    Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

  • 2000 | HC/E/UKe 302 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re N. (Abduction: Habitual Residence) [2000] 2 FLR 899
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Application dismissed

    Article(s)

    3 13(1)(b)

    Ruling

    Application dismissed; the removal was not wrongful as the children had not acquired a habitual residence in Spain at the relevant date.

  • 1997 | HC/E/USf 129 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
    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) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

  • 1995 | HC/E/USf 130 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal dismissed insofar as the court found that the standard required under Article 13(1)(b) had not been met. However, the court ruled that the award of expenses should be reduced.

  • 1996 | HC/E/USf 132 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Walton v. Walton, 925 F. Supp. 453 (S.D. Miss. 1996)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Undertakings

    Order

    Return ordered with undertakings offered

    Article(s)

    3

    Ruling

    Return ordered and undertakings volunteered; the removal of the child was wrongful.

  • 1993 | HC/E/USf 143 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Slagenweit v. Slagenweit, 841 F. Supp. 264 (N.D. Iowa 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Application dismissed

    Article(s)

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

    Ruling

    Application dismissed; the child was no longer habitually resident in Germany at the relevant date.