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Search results (317)

  • 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.

  • 1994 | HC/E/IL 356 | ISRAEL | Appellate Court |
    E. v. E., 20 January 1994, C.A. 6056/93, Bagatz 6860/93, The Supreme Court of Israel, sitting as a Court of Civil Appeals and as the High Court of Justice
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | 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 ordered

    Article(s)

    1 2 3 4 12 13(1)(a) 13(1)(b) 13(2)

    Ruling

    Appeal dismissed; return ordered; the removal was wrongful as the father's right of custody had been breached, and none of the exceptions raised by the mother had been proved.

  • 2001 | HC/E/USf 386 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    March v. Levine, 249 F.3d 462 (6th Cir. 2001)
    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)

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 11 12 13(1)(b) 14

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

  • 1996 | HC/E/IT 300 | ITALY | First Instance |
    A. v. S., 24 June 1996, Venice Juvenile Court
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Application dismissed

    Article(s)

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

    Ruling

    Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

  • 1990 | HC/E/AU 256 | AUSTRALIA | First Instance |
    In the Marriage of Brandon v. Brandon (1991) 14 Fam. LR 181, [1990] FamCA 60
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12

    Ruling

    Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

  • 1992 | HC/E/UKe 204 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re F. (Minors) (Abduction: Habitual Residence) [1992] 2 FCR 595
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    3 12 15

    Ruling

    Application dismissed; the children were not habitually resident in Canada at the relevant date.

  • 1989 | HC/E/USs 206 | UNITED STATES - STATE JURISDICTION | First Instance |
    Sheikh v. Cahill, 145 Misc. 2d 171, 546 N.Y.S.2d 517 (Sup. Ct. 1989)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 12 13(1)(b) 13(2) 19

    Ruling

    Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

  • 1993 | HC/E/AU 254 | AUSTRALIA | Appellate Court |
    Police Commissioner of South Australia v. Temple (No 2) (1993) FLC 92-424, [1993] FamCA 63, 17 Fam LR 144
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Undertakings

    Article(s)

    11 12

    Ruling

    Appeal allowed and return ordered, with the imposition of far reaching undertakings being refused. The Australian implementing legislation did not empower a court to place conditions on the return of a child.

  • 1997 | HC/E/UKe 166 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re S. (Child Abduction: Delay) [1998] 1 FLR 651
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

  • 1994 | HC/E/UKs 183 | UNITED KINGDOM - SCOTLAND | First Instance |
    Bordera v. Bordera 1995 SLT 1176
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    3 5 12 14 15 21

    Ruling

    Return ordered; the removal breached custody rights held by the father.

  • 1994 | HC/E/UKe 22 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re K. (Abduction: Child's Objections) [1995] 1 FLR 977, [1995] Fam Law 468
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Acquiescence - Art. 13(1)(a)

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

  • 1993 | HC/E/UKs 26 | UNITED KINGDOM - SCOTLAND | First Instance |
    McCarthy v. McCarthy [1994] SLT 743
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    Return ordered; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had not been met.

  • 1986 | HC/E/UKs 116 | UNITED KINGDOM - SCOTLAND | First Instance |
    Kilgour v. Kilgour 1987 SC 55
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12

    Order

    Application dismissed

    Article(s)

    3 12

    Ruling

    Appeal dismissed as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

  • 1997 | HC/E/USs 99 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Ciotola v. Fiocca, 86 Ohio Misc. 2d 24, 684 N.E.2d 763 (Ohio Com. Pl. 1997)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Human Rights - Art. 20 | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 6 8 12 13(1)(a) 13(1)(b) 20

    Ruling

    Appeal dismissed and return ordered; the child's place of habitual residence prior to the wrongful retention was Italy. The standard required under Article 20 had not been met.

  • 1993 | HC/E/NZ 89 | NEW ZEALAND | Appellate Court |
    Adams v. Wigfield [1993] 11 FRNZ 270
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    12 13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

  • 1994 | HC/E/NZ 92 | NEW ZEALAND | Appellate Court |
    Boy v. Boy [1994] 12 FRNZ 517
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    12 13(1)(a) 13(1)(b) 13(2)

    Ruling

    Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.

  • 2007 | HC/E/PA 681 | PANAMA | Superior Appellate Court |
    J. E. M. D. c. M. de J. B s / reintegro de hijo
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 2 3 4 12 13(1)(b)

    Ruling

    Appeal allowed, return ordered; the removal was wrongful and the grave risk of harm envisaged by Art. 13 (1)(b) was not proved.

  • 2001 | HC/E/NZ 535 | NEW ZEALAND | First Instance |
    Secretary for Justice v. A., ex parte B.
    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

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.