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Search results (326)

  • 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.

  • 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.

  • 2001 | HC/E/UKs 415 | UNITED KINGDOM - SCOTLAND | First Instance |
    A.Q. v. J.Q., 12 December 2001, transcript, Outer House of the Court of Session
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 13(2)

    Ruling

    Return ordered; removal wrongful and none of the exceptions proved to the standard required under the Convention.

  • 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.

  • 1994 | HC/E/DK 400 | DENMARK | Appellate Court |
    Ø.L.K. 29. marts 1994, 10 afd., B-0702-94
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal allowed, return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal allowed and return refused; the father had acquiesced in the retention in the terms of Article 13(1)(a).

  • 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.

  • 1993 | HC/E/AU 260 | AUSTRALIA | First Instance |
    Police Commissioner of South Australia v. H., 6 August 1993, transcript, Family Court of Australia (Adelaide) [1993] FamCA 142
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered with undertakings offered

    Article(s)

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

    Ruling

    Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

  • 1999 | HC/E/UKe 264 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B. (Abduction: Acquiescence) [1999] 2 FLR 818
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Return refused

    Article(s)

    13(1)(a)

    Ruling

    Removal wrongful but return refused; the standard required under Article 13(1)(a) had been met to show acquiescence on the part of the father.

  • 1991 | HC/E/USs 208 | UNITED STATES - STATE JURISDICTION | First Instance |
    David S. v. Zamira S., 151 Misc. 2d 630, 574 N.Y.S.2d 429 (Fam. Ct. 1991)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 8 13(1)(a) 15 12(2)

    Ruling

    Removal wrongful and return ordered; the standard required under Article 12(2) to show that the children were settled in their new environment had not been made out.

  • 1998 | HC/E/AU 227 | AUSTRALIA | First Instance |
    Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the standard required under Articles 13(1)(a), 13(1)(b) and 13(2) had not been met.

  • 1994 | HC/E/IE 240 | IRELAND | Superior Appellate Court |
    P. v. B. (Child Abduction: Undertakings) [1994] 3 IR 507
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Acquiescence - Art. 13(1)(a) | Undertakings

    Order

    Appeal allowed, return ordered with undertakings offered

    Article(s)

    1 3 13(1)(a)

    Ruling

    Appeal allowed and return ordered with undertakings offered; the father had not acquiesced in terms of Article 13(1)(a).

  • 1995 | HC/E/AU 229 | AUSTRALIA | First Instance |
    Paterson, Department of Health and Community Services v. Casse (1995) FLC 92-629, [1995] FamCA 71
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Interpretation of the Convention

    Order

    Application dismissed

    Article(s)

    3 5 13(1)(a)

    Ruling

    Application dismissed; the children were habitually resident in Australia on the relevant date.

  • 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.

  • 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.

  • 1994 | HC/E/USf 84 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Wanninger v. Wanninger, 850 F. Supp. 78 (D. Mass. 1994)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Return ordered; the actions of the father were insufficient to meet the standard required under Art. 13(1)(a) to show acquiescence.

  • 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.

  • 1992 | HC/E/UKe 48 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re A. (Minors) (Abduction: Custody Rights) [1992] Fam 106
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

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

    Ruling

    The Court of Appeal, in a majority ruling, held that the father had acquiesced in the removal of the children. The case was then remitted to the High Court to exercise its discretion whether or not to grant a return order.

  • 1992 | HC/E/UKe 52 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    W. v. W. (Child Abduction: Acquiescence) [1993] 2 FLR 211
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Return refused; the retention of the child was wrongful but that the father had acquiesced in terms of Article 13(1)(a). The court exercised its discretion not to order the return of the child.

  • 1991 | HC/E/UKe 40 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court
    Re F. (A Minor) (Child Abduction) [1992] 1 FLR 548, [1992] Fam Law 195
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a)

    Ruling

    Appeal dismissed and return ordered; the child had acquired a habitual residence in Australia at the time of the removal. The court further found that the mother had not acquiesced in the removal.

  • 1994 | HC/E/UKe 60 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re R. (Child Abduction: Acquiescence) [1995] 1 FLR 716
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal allowed, return ordered

    Article(s)

    13(1)(a) 13(2)

    Ruling

    Appeal allowed and return ordered; the retention was wrongful and neither Article 13(1)(a) nor Article 13(2) had been proved to the standard required under the Convention.