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Search results (1406)

  • 2000 | HC/E/CZ 468 | CZECH REPUBLIC | Superior Appellate Court |
    III. ÚS 440/2000 DAOUD / DAOUD
    Languages
    Full text download CS
    Summary available in EN | FR | ES
    Grounds

    Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20

    Article(s)

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

    Ruling

    Appeal upheld, the removal was wrongful, but the additional evidence should have been taken into account. The case was remitted to the District Court Rychnov nad Knìžnou to rule on the father's application anew. The Constitutional Court further ruled that the Convention did not violate the abducting parent's rights under the Czech Constitution.

  • 2002 | HC/E/UKe 469 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re S. (A Child) (Abduction: Grave Risk of Harm) [2002] 3 FCR 43, [2002] EWCA Civ 908
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the standard of harm required for Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2002 | HC/E/UKe 470 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    W. and B. v. H. (Child Abduction: Surrogacy) [2002] 1 FLR 1008
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3

    Ruling

    Application dismissed; the children were found to be without a habitual residence therefore the Convention was not applicable.

  • 2000 | HC/E/UKe 478 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re H. (Abduction: Habitual Residence: Consent) [2000] 2 FLR 294
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Retention wrongful and return ordered; the child was still habitually resident in Sweden at the relevant date.

  • 2000 | HC/E/USf 313 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Croll v. Croll, 229 F.3d 133 (2d Cir. September 20, 2000 cert. den. Oct. 9, 2001)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Appeal allowed, application dismissed

    Article(s)

    1 3 5

    Ruling

    Appeal allowed and application dismissed; the removal was not wrongful as the father did not possess rights of custody at the time of the removal.

  • 2001 | HC/E/NL 314 | NETHERLANDS - KINGDOM IN EUROPE | Appellate Court |
    De directie Preventie, optredend voor zichzelf en namens Y (the father) against X (the mother) (7 February 2001, ELRO nr.AA9851 Zaaknr:813-H-00)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but the standard required under Article 13(2) had been met to show that the child objected to a return.

  • 1998 | HC/E/DE 322 | GERMANY | First Instance |
    562 f 4374/98, Familiengericht München (Family Court of Munich) (Germany), 23 October 1998
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    1 3 12(1)

    Ruling

    Application dismissed; the retention was not wrongful as the child was habitually resident in Germany at the relevant date.

  • 1997 | HC/E/WS 332 | SAMOA | First Instance |
    C.W. v. H.R. and D.S.
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Non-Convention Issues

    Order

    Return ordered

    Ruling

    Return ordered; in the light of the best interests of the child the appropriate courts to determine the issue of custody are those in Germany.

  • 1999 | HC/E/CA 335 | CANADA | First Instance |
    Decision of 9 March 1999, [1999] R.D.F. 298
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    13(1)(b)

    Ruling

    Return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been established.

  • 1997 | HC/E/DE 338 | GERMANY | Other |
    Bundesverfassungsgericht, 2 BvR 1126/97, 18 July 1997
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    3

    Ruling

    Leave for constitutional challenge rejected; it was for the Oberlandesgerichte and the Amtsgerichte to apply and interpret the provisions of the Convention.

  • 1998 | HC/E/IS 365 | ICELAND | Superior Appellate Court |
    M. v. K. 20/02/1998; Iceland Supreme Court
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5

    Ruling

    Appeal dismissed and return ordered; the removal breached the mother's rights of custody and was therefore wrongful.

  • 2000 | HC/E/IS 366 | ICELAND | Superior Appellate Court |
    M. v. K. 12/12/2000; Iceland Supreme Court
    Languages
    Full text download IS
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 5 13(2) 15

    Ruling

    Appeal allowed and return ordered; the Convention was applicable and the retention was wrongful while Article 13(2) had not been proved to the standard required.

  • 1996 | HC/E/CA 369 | CANADA | First Instance |
    Y.D. v. J.B., [1996] R.D.F. 753 (Que.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 13(1)(b) 20

    Ruling

    Return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met. The Court also ruled that the Convention did not violate the Canadian Charter of Rights and Freedoms.

  • 1994 | HC/E/CA 372 | CANADA | Appellate Court |
    Hoge v. Hoge [1994] AJ No. 1036, (1994) 162 AR 397, (1994) 10 RFL (4th) 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, application dismissed

    Article(s)

    1 3

    Ruling

    Appeal allowed and application dismissed; the retention was not wrongful as no rights of custody had been breached.

  • 1999 | HC/E/AU 374 | AUSTRALIA | First Instance |
    The Commonwealth Central Authority and P, 23 December 1999, Family Court of Australia at Darwin [1999] FamCA 1902
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 5 12 13(1)(b)

    Ruling

    Return ordered; the removal of the child breached the father's rights of custody and Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 1998 | HC/E/AT 383 | AUSTRIA | Superior Appellate Court |
    7Ob72/98h, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

    Article(s)

    1 3 5 12 14 17

    Ruling

    Challenge to legality dismissed; while the return proceedings were pending, the authorities in the children's State of habitual residence had granted the mother custody.

  • 2001 | HC/E/IT 449 | ITALY | First Instance |
    Tribunal for Children, Florence, 29 August 2001, Case No 810/01 C et n. 3690 Cron.
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21

    Order

    Return ordered

    Article(s)

    3 5 12

    Ruling

    Return ordered; the removal was wrongful having breached actually exercised rights of custody.

  • 2001 | HC/E/IT 450 | ITALY | First Instance |
    Tribunal for Children, Cagliari, 15 November 2001, Case No. 682/01 V.G. et 1785 Cron.
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12

    Order

    Return ordered

    Ruling

    Return ordered; the removal was wrongful being in breach of the mother's actually exercised rights of custody.

  • 2002 | HC/E/IT 452 | ITALY | First Instance |
    Tribunal for Children, Rome, 25 January 2002, Case No. 538/02.
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21

    Ruling

    Application for enforcement of access rights dismissed.

  • 2002 | HC/E/AU 458 | AUSTRALIA | Appellate Court |
    Janine Claire Genish-Grant and Director-General Department of Community Services [2002] FamCA 346, (2002) FLC 93-111; 29 Fam LR 51
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Ruling

    PER FINN AND BARLOW JJ: Appeal allowed and return refused; the court found a grave risk of physical harm to the child on return.

    PER HOLDEN J (DISSENTING): No clear and compelling evidence of a grave risk of exposure to future harm had been demonstrated. The Appeal should be dismissed and the child returned to Israel.