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Search results (1458)

  • 2001 | HC/E/AR 487 | ARGENTINA | First Instance |
    A. v. A.
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Removal wrongful and return ordered; the child was habitually resident in Israel at the date of the removal and a grave risk of harm under Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2001 | HC/E/DE 491 | GERMANY | Appellate Court |
    Oberlandesgericht Köln, 21 UF 70/01, 12 April 2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 12 13(1)(b) 13(2)

    Ruling

    Appeal dismissed and return ordered; the removal had been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

  • 1997 | HC/E/UKe 588 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re J.A. (Child Abduction: Non-Convention Country) [1998] 1 FLR 231
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Non-Convention Issues

    Order

    Appeal dismissed, return refused

    Ruling

    Appeal dismissed and return refused; the risks inherent in return were such that it was not in the child's best interests to be sent back to the UAE.

  • 2004 | HC/E/UKe 591 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re P. (A Child) (Abduction: Acquiescence) [2004] EWCA Civ 971
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Consent - Art. 13(1)(a)

    Order

    Appeal allowed, return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal allowed and return ordered; the removal had breached rights of custody held by the father and the mother had failed to show that the father had consented to the removal.

  • 2001 | HC/E/CNh 595 | CHINA (HONG KONG, SAR) | Appellate Court |
    D. v. G. [2001] 1179 HKCU 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    13(1)(b)

    Ruling

    Appeal allowed and case remitted to the High Court - Court of First Instance; it had to be determined whether the child had been sexually abused as had been alleged.

  • 1996 | HC/E/AT 559 | AUSTRIA | Superior Appellate Court |
    4Ob2378/96a, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in FR
    Grounds

    Interpretation of the Convention

    Article(s)

    1 16

  • 1999 | HC/E/571 | SWITZERLAND | Superior Appellate Court
    C. c. dame X., IIe cour civile du 29.4.1999, ATF 125 III 301
    Languages
    No full text available
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3

    Article(s)

    3 5

  • 1990 | HC/E/AT 572 | AUSTRIA | Superior Appellate Court |
    1Ob614/90 Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    1 3 5

    Ruling

    Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

  • 2003 | HC/E/NZ 575 | NEW ZEALAND | Appellate Court |
    P. v. The Secretary for Justice [2003] NZLR 54, [2003] NZFLR 673
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

    Order

    Appeal dismissed, return ordered

    Article(s)

    3

    Ruling

    Appeal dismissed and return ordered; the retention was wrongful, the children still having their habitual residence in Australia on the relevant date.

  • 2004 | HC/E/US 582 | UNITED STATES - STATE JURISDICTION | First Instance |
    F. v. A.
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    3

    Ruling

    Application dismissed; the child was not habitually resident in Italy on the date the removal took place.

  • 2002 | HC/E/FR 512 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 19 mars 2002, N° de pourvoi 00-17.692
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

    Article(s)

    1 3 12 16 17

    Ruling

    Challenge to legality dismissed; at the time the return application was made the retention of the child was not wrongful.

  • 2002 | HC/E/DK 520 | DENMARK | Appellate Court |
    Ø.L.K, 5. April 2002, 16. afdeling, B-409-02
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    Return ordered; the retention of the child was wrongful as the child, according to the parents' agreement, was still habitually resident in England, and none of the exceptions had been proved to the standard required under the Convention.

  • 2001 | HC/E/BE 526 | BELGIUM | First Instance |
    N° de rôle : 01/6584/A
    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)

    1 3 5

    Ruling

    Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having custody.

  • 2010 | HC/E/UKe 1325 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re C. (A Child) [2010] EWCA Civ 832
    Languages
    No full text available
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Article(s)

    3

    Ruling

    Leave to appeal refused and dismissal of the return application therefore confirmed; the removal was not wrongful since the child still retained his habitual residence in England at that time.

  • 2010 | HC/E/CM 1326 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    RE A. (Removal Outside Jurisdiction: Habitual Residence) [2010] EWHC 1113 (Fam); [2010] Fam. Law 1257
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Non-Convention Issues

    Order

    Application dismissed

    Ruling

    Application dismissed; the English courts no longer had jurisdiction over the children as they had lost their habitual residence in England and Wales and acquired one in Cameroon.

  • 2009 | HC/E/SI 1327 | Court of Justice of the European Union (CJEU) |
    Jasna Deti?ek v. Maurizio Sgueglia (C-403/09 PPU)
    Languages
    Full text download FR | EN
    Summary available in EN | FR
    Grounds

    Procedural Matters

    Ruling

    Preliminary ruling issued.

  • 2013 | HC/E/AR 1305 | ARGENTINA | Superior Appellate Court |
    E.S. s/ Reintegro de hijo
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    3 12 13(1)(b) 14 16 20

    Ruling

    Appeal allowed and return ordered; the removal was wrongful and none of the exceptions had been established.

  • 2013 | HC/E/LU 1307 | LUXEMBOURG | First Instance |
    Tribunal d'arrondissement de Diekirch, 16 juillet 2013, Référé No 183/2013
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    3 11 12 13(2) 17

  • 2014 | HC/E/FR 1309 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère, 19 novembre 2014, N° de pourvoi 14-17.493
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b)

  • 2014 | HC/E/LU 1313 | LUXEMBOURG | First Instance |
    Tribunal d'arrondissement de Luxembourg, 10 mars 2014, Référé No 165/2014
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a)

    Order

    Return ordered

    Article(s)

    3 5 12 13(1)(a)