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Search results (748)

  • 2012 | HC/E/GR 1246 | GREECE | Appellate Court |
    Court of Appeal of Thessaloniki, decision 2207, 3 December 2012
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 5 11 12 13(1)(b) 14 16 17 29

    Ruling

    Appeal upheld and return refused; the retention was wrongful, but a return to the United Kingdom would expose the child to a grave risk of physical, and most importantly, psychological harm.

  • 2016 | HC/E/RU 1381 | RUSSIAN FEDERATION | Appellate Court |
    Thompson v. Thompson
    Languages
    Full text download RU
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    13(1)(b) 12(1)

    Synopsis

    1 child wrongfully removed at age 2 - National of the United Kingdom and the Russian Federation - Married parents - Father national of United Kingdom - Mother national of Russia - Both parents had rights of custody - Child lived in Spain with both parents until April 2016 - Application for return filed with the Dzerzhinskiy District Court of St Petersburg on 18 August 2016 - Return refused - Main issue: Art. 13(1)(b) grave risk exception to return - A child aged 3 has a physchological and physiological need for her mother and since the mother had decided to stay in Russia, return to Spain would expose the child to a grave risk of harm

    This case forms the subject of an application to the European Court of Human Rights (Thompson v. Russia, Application no. 36048/17), lodged on 15 May 2017 and communicated on 23 October 2017. 

  • 2010 | HC/E/CZ 1159 | European Court of Human Rights (ECrtHR) |
    Macready c. République tchèque (Requêtes Nos 4824/06 et 15512/07)
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    1 3 7 11 12 13(1)(a) 13(1)(b) 13(2) 16 21 13(3)

    Ruling

    Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

  • 2008 | HC/E/AU 995 | AUSTRALIA | Appellate Court |
    Kilah v. Director-General, Department of Community Services [2008] FamCAFC 81, (2008) FLC 93-373; (2008) 39 Fam LR 431
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered; the retention was wrongful for the children had neither lost their Israeli habitual residence at the relevant date nor acquired a habitual residence in Australia. There was no grave risk of harm and whilst the father had at one stage consented to the relocation the trial judge had correctly exercised his discretion to make a return order.

  • 2009 | HC/E/CH 1001 | European Court of Human Rights (ECrtHR) |
    Neulinger and Shuruk v. Switzerland (Application No 41615/07)
    Languages
    Full text download EN | FR
    Summary available in EN | FR
    Grounds

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

    Order

    Application dismissed

    Article(s)

    3 13(1)(b)

    Ruling

    By a 4:3 majority the European Court of Human Rights ruled that there had not been a breach of the mother and child's right to family life under Article 8 of the European Convention on Human Rights.

  • 2008 | HC/E/FR 1004 | FRANCE | Appellate Court
    CA Paris, 22 mai 2008, No de RG 08/05966
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b) 20

    Ruling

    Appeal dismissed; return ordered. The removal was wrongful and the mother had not established that an exception was applicable.

  • 2005 | HC/E/FR 1007 | FRANCE | Appellate Court
    CA Rouen, 20 janvier 2005, No de RG 04/03822
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal allowed and return ordered. The removal was wrongful and it had not been proven that a return would expose the child to a grave risk of harm.

  • 2011 | HC/E/LV 1146 | European Court of Human Rights (ECrtHR) |
    X. v. Latvia (Application No 27853/09)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    3 4 12 13(1)(b) 14 15 19

    Ruling

    By a majority of five to two, the European Court of Human Rights held that Latvia had violated Article 8 of the ECHR in failing to take account of various relevant factors in assessing the best interests of the child. The Court also awarded the mother compensation under Article 41 of the ECHR.

  • 2009 | HC/E/USf 1110 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Foster v. Foster, 654 F.Supp.2d 348 (W. D. Pennsylvania, 2009)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

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

    Order

    Return ordered

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful and return ordered, subject to undertakings; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2010 | HC/E/CA 1115 | CANADA | First Instance |
    Achakzad v. Zemaryalai, [2011] W.D.F.L. 2
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Jurisdiction Issues - Art. 16

    Order

    Return refused

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful but return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

  • 2011 | HC/E/FR 1131 | FRANCE | Appellate Court |
    CA Paris, 17 février 2011, No de RG 11/00507
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal allowed, return ordered. The removal was wrongful and no exception raised was applicable.

  • 2012 | HC/E/UY 1185 | URUGUAY | Superior Appellate Court |
    Solicitud conforme al Convenio de La Haya sobre los Aspectos Civiles de la Sustracción Internacional de Menores - Casación, IUE 9999-68/2010
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Appeal allowed, return refused

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Appeal allowed and return refused; the retention was wrongful, but the Supreme Court found that the level of harm required by Article 13(1)(b) had been established.

  • 2007 | HC/E/FR 942 | European Court of Human Rights (ECrtHR) |
    Maumousseau and Washington v. France (Application No 39388/05)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | European Convention on Human Rights (ECHR) | Issues Relating to Return

    Article(s)

    13(1)(b)

    Ruling

    By a majority of 5 to 2 the Court ruled that the French authorities had not breached Article 8 of the ECHR either in ordering the return of the child to the United States, or, in the manner in which the return order was enforced. The Court held unanimously that there had been no breach of Article 6(1).

  • 2002 | HC/E/DE 944 | GERMANY | Appellate Court |
    Oberlandesgericht Karlsruhe, 2 UF 115/02, 15 November 2002
    Languages
    No full text available
    Summary available in FR
    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)(b) 20 31

  • 2006 | HC/E/FR 948 | FRANCE | Appellate Court |
    CA Toulouse, 28 novembre 2006, No de RG 1121
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Appeal allowed and return ordered. The removal was wrongful as it was rendered without knowledge of the father's right to custody.

  • 2007 | HC/E/CA 728 | CANADA | First Instance |
    Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Order

    Return refused

    Article(s)

    1 3 4 5 13(1)(b) 14

    Ruling

    Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

  • 2006 | HC/E/TR 731 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2006/17797 K. 2006/14657
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return ordered

    Article(s)

    2 12 13(1)(b)

    Ruling

    Return ordered.

  • 2011 | HC/E/TR 734 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2011/8304 K.2011/8799
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    13(1)(b)

    Ruling

    Appeal allowed, return ordered.

  • 2005 | HC/E/TR 742 | European Court of Human Rights (ECrtHR) |
    Eskinazi and Chelouche v. Turkey (Application No 14600/05)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    9 13(1)(b) 13(2) 14 15 16 20 30

    Ruling

    By a majority the Court declared the application to be inadmissible, on the basis of it being manifestly ill-founded; the Turkish authorities had not disregarded their obligations under Article 6 of the ECHR (right to fair trial) or violated the right to respect for family life guaranteed under Article 8 of the ECHR.

  • 2005 | HC/E/ZA 1054 | SOUTH AFRICA | First Instance |
    Family Advocate, Cape Town v. Chirume
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered subject to undertakings

    Article(s)

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

    Ruling

    Removal wrongful and return ordered, subject to undertakings; a grave risk of harm had not been established to the standard required under the Convention.