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Search results (76)

  • 1990 | HC/E/UKe 163 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re S. (A Minor) (Abduction) [1991] 2 FLR 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return ordered with undertakings offered

    Article(s)

    3 4 5 13(1)(a) 13(1)(b) 13(2) 14 15 16 18 12(2)

    Ruling

    Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

  • 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.

  • 1998 | HC/E/AT 556 | AUSTRIA | Superior Appellate Court |
    4Ob88/98i, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in FR
    Grounds

    Interpretation of the Convention

    Article(s)

    1 3 13(1)(b) 16 17

  • 1992 | HC/E/AT 569 | AUSTRIA | Superior Appellate Court |
    1Ob550/92, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 2 3 5 12 16 19

    Ruling

    Appeal dismissed and return ordered; the removal breached a right of custody actually exercised by the grandmother.

  • 2018 | HC/E/UKe 1453 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court
    In the matter of C (Children) [2018] UKSC 8
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    3 4 5 12 16

    Ruling

    The Convention cannot be invoked if by the time of the alleged wrongful act the child is habitually resident in the requested state.

    Repudiatory retention exists and involves a subjective intention on the part of the travelling parent not to return, manifested by objectively identifiable act or statement.

  • 2022 | HC/E/CA 1534 | CANADA | Appellate Court
    L v. R, 2022 ONCA 582
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Procedural Matters |

    Order

    Appeal dismissed, return refused

    Article(s)

    1 11 13(1)(b) 16

    Synopsis

    1 child wrongfully removed at age 6 – National of Peru – Father national of Peru – Mother national of Peru – Temporary award of joint custody by Peruvian Court – Child lived in Peru until October 2019 – Application for return filed with the courts of Ontario in March 2020 – Return refused in first instance – Appeal dismissed – Main issue: Procedural matters – Conduct of hearing led to undue delay and contravened obligation for prompt resolution under the Convention. 

  • 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.

  • 1999 | HC/E/CH 441 | SWITZERLAND | Appellate Court |
    Kantonsgericht St.Gallen (St.Gallen Cantonal Court), decision of 10 February 1999, RF.1998.111-E2
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    3 11 13(1)(a) 13(1)(b) 13(2) 16 12(2) 12(1) 26

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but on the basis of the children's objections a return order was refused.

  • 2001 | HC/E/CH 417 | SWITZERLAND | Appellate Court |
    Decision of the Cour d'appel du canton de Berne, 46/II/2001/1b, 24/07/2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    1 3 4 5 13(1)(b) 16 17 19 20 12(1) 26

    Ruling

    Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

  • 1998 | HC/E/CH 430 | SWITZERLAND | First Instance |
    Gerichtskreis VI Signau-Trachselwald (District Court of Signau-Trachselwald), decision of 13 January 1998, S 286/97 sam
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Return ordered

    Article(s)

    3 13(1)(b) 16

    Ruling

    Return ordered; the retention was wrongful the child having retained his habitual residence in Germany.

  • 1999 | HC/E/CA 373 | CANADA | Appellate Court |
    Pollastro v. Pollastro [1999] 45 R.F.L. (4th) 404 (Ont. C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return refused

    Article(s)

    12 13(1)(b) 16

    Ruling

    Appeal allowed and return refused; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had been met.

  • 1998 | HC/E/CA 761 | CANADA | Appellate Court |
    Lozinska v. Bielawski (1998), 56 O.T.C. 59 (Gen. Div. (Div. Ct.))
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Article(s)

    12 16

    Ruling

    Application for leave to appeal dismissed and return ordered. More than one year had elapsed since the wrongful removal but it had not been proved that the child was settled in its new environment.

  • 2008 | HC/E/749 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 9 juillet 2008 (N° de pourvois K 06-22090 & M 06-22091), 9 July 2008
    Languages
    No full text available
    Summary available in FR
    Grounds

    Procedural Matters

    Article(s)

    3 16

  • 2009 | HC/E/MX 1038 | MEXICO | Appellate Court |
    Procedure for International Return of Children, Case No. 2926/2008, instituted by J.V.U.B.
    Languages
    Full text download ES
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 11 12 13(1)(a) 13(1)(b) 13(2) 16 20

    Ruling

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

  • 2008 | HC/E/FR 957 | FRANCE | Appellate Court
    CA Grenoble, 4 juin 2008, No de RG 08/01779
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 4 5 12 13(1)(b) 16 19 20

    Ruling

    Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

  • 2009 | HC/E/TR 1269 | European Court of Human Rights (ECrtHR) |
    Övüs c. Turquie (Requête No 42981/04)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    3 5 7 8 11 14 15 16 30

    Ruling

    Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR). The authorities had failed to deploy adequate efforts to enable the mother to regain contact with her children.

  • 2012 | HC/E/TR 1270 | European Court of Human Rights (ECrtHR) |
    Özmen c. Turquie (Requête No 28110/08)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    11 16 19

    Ruling

    Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR): the father had waited two years for the judgment ordering the child's return, and the mother's obstructive behaviour had been comforted by a judgment awarding custody to her even though a judgment ordering return had also been delivered.

  • 2008 | HC/E/FR 1002 | FRANCE | Appellate Court
    CA Rouen, 30 octobre 2008, No de RG 08/02361
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    3 5 13(1)(b) 16

    Ruling

    Appeal allowed, return ordered. The retention was wrongful and none of the exceptions applied. 

  • 2010 | HC/E/USs 1026 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Escobar v. Flores, 183 Cal. App. 4th 737 (2010)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Jurisdiction Issues - Art. 16

    Order

    Appeal dismissed, return refused

    Article(s)

    13(2) 16

    Ruling

    Appeal dismissed and return refused; the child objected to being returned and had attained an age and degree of maturity at which it was appropriate to take account of his views.

  • 2017 | HC/E/HR 1396 | CROATIA | First Instance
    Municipal Court of Rijeka, No. R1Ob-649/16 of 16 June 2017
    Languages
    Full text download HR
    Summary available in EN
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b) 16

    Synopsis

    1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents – Father national of Croatia and Germany – Mother national of Croatia – Joint costudy according to the German Civil Code – Child lived in Germany until December 2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 – Return ordered – Main issues: Art. 13(1)(b) grave risk exception to return, Undertakings, Objections of the Child to a Return – The Court ordered the return of the child, whose retention in Croatia was found to be unlawful under Art. 3 of the 1980 Hague Child Abduction Convention.