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Search results (830)

  • 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.

  • 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.

  • 1993 | HC/E/USf 144 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    In re Ponath, 829 F. Supp. 363 (D. Utah 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Application dismissed

    Article(s)

    3

    Ruling

    Application dismissed; the child was not habitually resident in Germany at the relevant date.

  • 1993 | HC/E/USs 145 | UNITED STATES - STATE JURISDICTION | First Instance |
    Cohen v. Cohen, 158 Misc. 2d 1018, 602 N.Y.S.2d 994 (Sup. Ct. 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    3

    Ruling

    Application dismised; the children were not habitually resident in Israel at the relevant date.

  • 1990 | HC/E/AU 256 | AUSTRALIA | First Instance |
    In the Marriage of Brandon v. Brandon (1991) 14 Fam. LR 181, [1990] FamCA 60
    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

    Order

    Return ordered

    Article(s)

    3 4 5 12

    Ruling

    Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

  • 1993 | HC/E/AU 260 | AUSTRALIA | First Instance |
    Police Commissioner of South Australia v. H., 6 August 1993, transcript, Family Court of Australia (Adelaide) [1993] FamCA 142
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered with undertakings offered

    Article(s)

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

    Ruling

    Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

  • 1999 | HC/E/ZA 265 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re J. (Abduction: Declaration of Wrongful Removal) [1999] 2 FLR 653
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Declaration granted that the removal was wrongful, being in breach of custody rights held by the court.

  • 1992 | HC/E/UKe 204 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re F. (Minors) (Abduction: Habitual Residence) [1992] 2 FCR 595
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    3 12 15

    Ruling

    Application dismissed; the children were not habitually resident in Canada at the relevant date.

  • 1989 | HC/E/USs 206 | UNITED STATES - STATE JURISDICTION | First Instance |
    Sheikh v. Cahill, 145 Misc. 2d 171, 546 N.Y.S.2d 517 (Sup. Ct. 1989)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 12 13(1)(b) 13(2) 19

    Ruling

    Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

  • 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.

  • 1998 | HC/E/AU 227 | AUSTRALIA | First Instance |
    Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the standard required under Articles 13(1)(a), 13(1)(b) and 13(2) had not been met.

  • 1994 | HC/E/IE 240 | IRELAND | Superior Appellate Court |
    P. v. B. (Child Abduction: Undertakings) [1994] 3 IR 507
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Undertakings

    Order

    Appeal allowed, return ordered with undertakings offered

    Article(s)

    1 3 13(1)(a)

    Ruling

    Appeal allowed and return ordered with undertakings offered; the father had not acquiesced in terms of Article 13(1)(a).

  • 1997 | HC/E/UKe 166 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re S. (Child Abduction: Delay) [1998] 1 FLR 651
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

  • 1995 | HC/E/AU 229 | AUSTRALIA | First Instance |
    Paterson, Department of Health and Community Services v. Casse (1995) FLC 92-629, [1995] FamCA 71
    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 | Acquiescence - Art. 13(1)(a) | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3 5 13(1)(a)

    Ruling

    Application dismissed; the children were habitually resident in Australia on the relevant date.