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Search results (339)

  • 2006 | HC/E/CH 895 | SWITZERLAND | Superior Appellate Court |
    5P.380/2006 /blb; Bundesgericht, II. Zivilabteilung (Tribunal Fédéral, 2ème Chambre Civile)
    Languages
    No full text available
    Summary available in FR
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 13(1)(a)

  • 2007 | HC/E/ZA 900 | SOUTH AFRICA | Superior Appellate Court |
    Central Authority v. H. 2008 (1) SA 49 (SCA)
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Consent - Art. 13(1)(a) | Undertakings | Issues Relating to Return | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(a)

    Ruling

    Appeal dismissed and return ordered subject to a mirror order being obtained in the Netherlands; the retention was wrongful and the allegation that the applicant father had consented had not been proved.

  • 2007 | HC/E/CH 953 | SWITZERLAND | Superior Appellate Court |
    5A_479/2007 /frs, Bundesgericht, II. Zivilabteilung (Tribunal Fédéral, 2ème Chambre Civile)
    Languages
    No full text available
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 13(1)(a) 20 26

  • 2005 | HC/E/AU 830 | AUSTRALIA | First Instance |
    Director-General, Department of Child Safety v. Stratford [2005] Fam CA 1115, (2005) FLC 93-249
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Return ordered; the removal was wrongful and consent had not been established.

  • 2004 | HC/E/IL 836 | ISRAEL | Superior Appellate Court |
    Family appeal 575/04 Y.M v. A.M
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a)

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused; the retention was wrongful, but acquiescence had been established to the standard required under the Convention.

  • 2005 | HC/E/AT 855 | AUSTRIA | Superior Appellate Court |
    3Ob89/05t, Oberster Gerichtshof
    Languages
    No full text available
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

    Article(s)

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

  • 2002 | HC/E/CA 754 | CANADA | Appellate Court |
    J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 12 13(1)(a) 13(1)(b) 13(2) 16 13(3)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

  • 1997 | HC/E/CH 792 | SWITZERLAND | Superior Appellate Court |
    5P.127/1997 (BGE 123 II 419) Bundesgericht, II. Zivilabteilung
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Human Rights - Art. 20

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 19 20 13(3)

    Ruling

    Legal challenge rejected; the removal was wrongful and Article 20 was inapplicable.

  • 2005 | HC/E/IL 806 | ISRAEL | First Instance |
    Family Application 046252/04 Ploni v Almonit
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a)

    Order

    Application dismissed

    Article(s)

    3 12 13(1)(a)

    Ruling

    Application dismissed; the children were habitually resident in Israel at the date of the alleged wrongful retention.

  • 1999 | HC/E/CY 701 | POLAND | Superior Appellate Court |
    Decision of the Supreme Court, 1 December 1999, I CKN 992/99
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Article(s)

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

    Ruling

    Legal challenge upheld and new order issued for the child to be returned; the removal was wrongful and the conditions necessary for the application of Article 13(1)(b) of the 1980 Hague Child Abduction Convention had not been met.

  • 2000 | HC/E/FR 712 | FRANCE | First Instance |
    TGI Montpellier, 1 février 2000, No 00310/00
    Languages
    No full text available
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

    Order

    Return ordered

    Article(s)

    13(1)(a) 13(1)(b)

  • 2001 | HC/E/ZA 499 | SOUTH AFRICA | Superior Appellate Court |
    Smith v. Smith 2001 (3) SA 845
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal dismissed, return refused

    Article(s)

    13(1)(a)

    Ruling

    Appeal dismissed and return refused; the retention was wrongful, but the applicant father was found to have acquiesced.

  • 2005 | HC/E/IL 865 | ISRAEL | Appellate Court |
    Family Appeal 1026/05 Ploni v. Almonit
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a)

    Order

    Appeal dismissed, return refused

    Article(s)

    3 12 13(1)(a)

    Ruling

    Appeal dismissed in part and application dismissed; the children were habitually resident in Israel at the date of the alleged wrongful retention. The trial court had though erred in its interpretation of the concept of acquiescence.

  • 2005 | HC/E/USf 808 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Baxter v. Baxter, 423 F.3d 363 (3rd Cir. 2005)
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

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

  • 1995 | HC/E/CA 767 | CANADA | Appellate Court
    Szalas v. Szabo, [1995] O.J. No. 3632 (Gen. Div.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12

    Order

    Return ordered

    Article(s)

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

    Ruling

    The father's appeal was dismissed and the daughter's return ordered. The mother's appeal was dismissed and the son's return refused at this time.

  • 2015 | HC/E/UKs 1345 | UNITED KINGDOM - SCOTLAND | Superior Appellate Court
    AR v. RN (Scotland) [2015] UKSC 35
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal dismissed, application dismissed

    Article(s)

    1 3 12 13(1)(a)

    Synopsis

    2 children allegedly wrongfully retained at ages 3 and less than 1 - Unmarried parents - Father national of France - Mother national of the United Kingdom and Canada - Children lived in France until July 2013 - Return proceedings initiated soon after 20 November 2013 - Application dismissed - Main issue: habitual residence - Parents' joint decision for children to temporarily move to another State does not preclude the children from becoming habitually resident in that State

  • 2013 | HC/E/CA 1359 | CANADA - BRITISH COLUMBIA | First Instance
    G.A.G.R. v. T.D.W., 2013 BCSC 586
    Languages
    Full text download EN
    No summary available
    Grounds

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

    Order

    Return refused

    Article(s)

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

    Synopsis

    1 child wrongfully retained at age 10 - National of El Salvador and Canada - Married parents - Father national of El Salvador - Mother national of Canada - Father exercised rights of custody for about 10 years, mother obtained custody in May 2012 - Child lived in El Salvador until November 2011 - Application for return filed with the Provincial Court in July 2012 - Return refused under Article 13(2) - Main issues: Art 13(1) (b) grave risk exception to return, objection of the child to return - Abuse of one parent by another can only be a relevant consideration for the Art. 13(1)(b) exception if the child is “placed in the midst of an abusive relationship” - An assessment of whether a child was placed in an intolerable situation due to the administration of corporal punishment should account for the range of generally accepted disciplining practices in the relevant social context - The factors to be taken into consideration when assessing whether a child has attained an age and degree of maturity at which it is appropriate to take account of her views include: level of cognitive functioning, capacity for logical and rational reasoning and nuanced evaluation of different circumstances - Decisions not to order return under Article 13(2) should account for the policy considerations underlying the 1980 Hague Child Abduction Convention 

  • 2017 | HC/E/JP 1430 | JAPAN | Appellate Court
    2017 (Ra) No. 525 Appeal case against an order to return the child
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 4 13(1)(a)

    Synopsis

    1 child (national of Japan and the United States) removed from the United States to Japan ― Father a United States national, mother a Japanese national ― Parents married in Japan in 2012 and lived together with the mother’s son from her previous marriage ― The family moved to the United States in 2014 ― Upon becoming pregnant, the mother went back to Japan with her son in 2015 ― Mother returned to the United States with the new-born child in 2016 ― Father petitioned for divorce and obtained a provisional ne exeat order ― Mother moved to a shelter with the child within the United States ― Father had frequent access to the child, but contact broke up after an argument between the parents ― Mother removed the child to Japan in 2016 ― Obtaining assistance of the Central Authority of Japan in 2016, Father petitioned to the Osaka Family Court for return of the child in 2017 ― Return ordered ― Appeal to the Osaka High Court dismissed and return ordered in 2017 ― Main issues: Habitual Residence of the child ― Actual exercise of rights of custody ― Grave Risk for the child.

  • 2016 | HC/E/IT 1371 | ITALY | Superior Appellate Court
    Corte di Cassazione, sezione I civile, sentenza 15 Luglio 2016, n. 18846
    Languages
    Full text download IT
    No summary available
    Grounds

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

    Order

    Case remitted to lower court

    Article(s)

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

    Synopsis

    1 child allegedly wrongfully retained at age 10 - National of United States of America and Italy - Divorced parents - Joint custody - Child lived in the United States until the second half of 2015 - Application for return filed on 21 October 2015 - Return refused - Main issues: Objection of the child to return - Due weight should be given to the child’s opinion where the child is considered to have attained an appropriate age and degree of maturity, even if certain aspects of the child’s opinion are considered to be imprecise

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