Latest Decisions

  • Added on: 4 June 2021 |First Instance

    Ad Hoc Central Authority of the Republic for South Africa and Another v Koch N.O and Another (2821/2021) [2021] ZAWCHC 53 |SOUTH AFRICA |HC/E/ZA 1508

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Non-Convention Issues

    Ruling

    The court held that it would be detrimental to the child’s best interests for the return order to be enforced before the appeal before the SCA was decided. 

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  • Added on: 30 May 2021 |Appellate Court

    A (A Child) [2021] EWCA Civ 194 |UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1507

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Procedural Matters | Interpretation of the Convention

    Order

    Appeal allowed, return ordered

    Ruling

    The court allowed the appeal and ordered the child’s return to Italy. The situation did not amount to a “fundamental change in circumstances” required in order to set aside a decision under the 1980 Convention. 

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  • Added on: 30 May 2021 |Superior Appellate Court

    Kung v. Tang, 2020 BCSC 2155|CANADA - BRITISH COLUMBIA |HC/E/CA 1506

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Acquiescence - Art. 13(1)(a) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    The court found that the father acquiesced in the children remaining in Canada, and refused to order the return of the children under the the Article 13(a) exception.

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  • Added on: 30 May 2021 |Superior Appellate Court

    Bakker v. Bakker [2020] BCSC 1620|CANADA - BRITISH COLUMBIA |HC/E/CA 1505

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    The court held that the child had been wrongfully retained in Canada and ordered her return to New Zealand.

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  • Added on: 30 May 2021 |First Instance

    CB v. LC 20/18381|SOUTH AFRICA |HC/E/ZA 1504

    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)

    Order

    Application dismissed

    Article(s)

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

    Ruling

    The Court dismissed the return application.

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  • Added on: 30 May 2021 |European Court of Human Rights (ECrtHR)

    Rinau v. Lithuania (Application no. 10926/09)|LITHUANIA |HC/E/LT 1503

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Ruling

    There had been a violation of Article 8 of the ECHR in respect of both the father and the child.

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  • Added on: 30 May 2021 |Court of Justice of the European Union (CJEU)

    SS v MCP Case C 603/20 PPU|UNITED KINGDOM |HC/E/IN 1502

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    CJEU - Preliminary ruling issued, case remitted to national courts

    Ruling

    In the case of abduction to a third party (non-EU Member) State, the jurisdiction of the court of an EU Member State that is seised of an action relating to parental responsibility cannot be based on Article 10 of the Brussels II bis Regulation.

    Where a finding is made that the child now has his or her habitual residence in a third State, the jurisdiction of the court will have to be determined in accordance with the applicable international conventions or, in their absence, in accordance with Article 14 of the Brussels II bis Regulation.

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  • Added on: 26 May 2021 |Superior Appellate Court

    [A.R.P.] v [União], Recurso Especial No 1.723.068 - RS |BRAZIL |HC/E/BR 1501

    Languages
    Full text download PT
    Summary available in EN
    Grounds

    Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed, return ordered. 

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  • Added on: 26 May 2021 |Superior Appellate Court

    [J.M.C de A.] v [T.R.B., União] – Recurso Especial nº 1.315.342-RJ|BRAZIL |HC/E/BR 1500

    Languages
    Full text download PT
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    Appeal dismissed and return ordered.  

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  • Added on: 26 May 2021 |Appellate Court

    [J.P.B.L.L.S] v [União, D.G.G.], Apelação Cível 2008.51.01.018422-0|BRAZIL |HC/E/BR 1499

    Languages
    Full text download PT
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed, return ordered. 

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