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Search results (717)

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 2000 | HC/E/USs 460 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Dalmasso v. Dalmasso, 9 P.3d 551 (Kan.2000)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b) 26 30

    Ruling

    Appeal dismissed and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2001 | HC/E/CH 423 | SWITZERLAND | Superior Appellate Court |
    Bundesgericht, II. Zivilabteilung (Federal Supreme Court, 2nd Civil Chamber) Decision of 13 September 2001, 5P.160/2001/min
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters

    Article(s)

    13(1)(b) 13(3)

    Ruling

    Appeal dismissed; refusal to enforce return order upheld. The Court did not find that the refusal to enforce the return order had violated any of the applicant father's rights under either the Swiss Federal Constitution or any international instrument.

  • 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.

  • 1999 | HC/E/ZW 340 | ZIMBABWE | First Instance |
    Secretary For Justice v. Parker 1999 (2) ZLR 400 (H)
    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) | Undertakings | Procedural Matters

    Order

    Return ordered subject to undertakings

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful and return ordered subject to undertakings; the standard of harm required under Article 13(1)(b) had not been established.

  • 1998 | HC/E/NO 343 | NORWAY | First Instance |
    S.E.H. v. H.E.H., 21 December 1998, transcript, Holt Court of Execution and Enforcement
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the retention was wrongful, but the standard required under Articles 13(1)(b) and 13(2) had been met.

  • 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.

  • 2000 | HC/E/UKe 302 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re N. (Abduction: Habitual Residence) [2000] 2 FLR 899
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Application dismissed

    Article(s)

    3 13(1)(b)

    Ruling

    Application dismissed; the removal was not wrongful as the children had not acquired a habitual residence in Spain at the relevant date.

  • 1997 | HC/E/USf 129 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Steffen F. v. Severina P., 966 F. Supp. 922 (D. Ariz 1997)
    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) | Procedural Matters

    Order

    Return refused

    Article(s)

    13(1)(b) 20 12(2)

    Ruling

    Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

  • 1995 | HC/E/USf 130 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal dismissed insofar as the court found that the standard required under Article 13(1)(b) had not been met. However, the court ruled that the award of expenses should be reduced.

  • 1993 | HC/E/USf 143 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Slagenweit v. Slagenweit, 841 F. Supp. 264 (N.D. Iowa 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Application dismissed

    Article(s)

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

    Ruling

    Application dismissed; the child was no longer habitually resident in Germany at the relevant date.

  • 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.

  • 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.

  • 1998 | HC/E/USf 222 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    In re Walsh, 31 F. Supp. 2d 200 (D. Mass. 1998)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention

    Order

    Return ordered subject to undertakings

    Article(s)

    13(1)(b)

    Ruling

    Removal wrongful and return ordered subject to undertakings; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.