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Search results (85)

  • 1994 | HC/E/IL 356 | ISRAEL | Appellate Court |
    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.

  • 1990 | HC/E/AU 256 | AUSTRALIA | First Instance |
    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.

  • 1993 | HC/E/AU 260 | AUSTRALIA | First Instance |
    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 |
    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.

  • 2007 | HC/E/PA 681 | PANAMA | Superior Appellate Court |
    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.

  • 2011 | HC/E/LV 1146 | European Court of Human Rights (ECrtHR) |
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    3 4 12 13(1)(b) 14 15 19

    Ruling

    By a majority of five to two, the European Court of Human Rights held that Latvia had violated Article 8 of the ECHR in failing to take account of various relevant factors in assessing the best interests of the child. The Court also awarded the mother compensation under Article 41 of the ECHR.

  • 2002 | HC/E/DE 944 | GERMANY | Appellate Court |
    Languages
    No full text available
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 4 13(1)(b) 20 31

  • 2007 | HC/E/CA 728 | CANADA | First Instance |
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Order

    Return refused

    Article(s)

    1 3 4 5 13(1)(b) 14

    Ruling

    Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

  • 2009 | HC/E/AT 1052 | AUSTRIA | Superior Appellate Court |
    Languages
    Full text download DE
    Summary available in FR
    Grounds

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

    Article(s)

    4

  • 2018 | HC/E/CH 1448 | SWITZERLAND | Superior Appellate Court
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3

    Order

    Case remitted to lower court

    Article(s)

    1 3 4

  • 2017 | HC/E/JP 1430 | JAPAN | Appellate Court
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 4 13(1)(a)

    Synopsis

    1 child (national of Japan and the United States) removed from the United States to Japan ― Father a United States national, mother a Japanese national ― Parents married in Japan in 2012 and lived together with the mother’s son from her previous marriage ― The family moved to the United States in 2014 ― Upon becoming pregnant, the mother went back to Japan with her son in 2015 ― Mother returned to the United States with the new-born child in 2016 ― Father petitioned for divorce and obtained a provisional ne exeat order ― Mother moved to a shelter with the child within the United States ― Father had frequent access to the child, but contact broke up after an argument between the parents ― Mother removed the child to Japan in 2016 ― Obtaining assistance of the Central Authority of Japan in 2016, Father petitioned to the Osaka Family Court for return of the child in 2017 ― Return ordered ― Appeal to the Osaka High Court dismissed and return ordered in 2017 ― Main issues: Habitual Residence of the child ― Actual exercise of rights of custody ― Grave Risk for the child.

  • 2015 | HC/E/US 1343 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    4 13(1)(b)

    Ruling

    Appeal dismissed and return not ordered; the District Court had not erred in its finding that the appellant had sexually abused his daughter. Therefore, it had been established that the child would face a grave risk of harm if returned. 

  • 2010 | HC/E/CA 1124 | CANADA | First Instance |
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12 13(1)(b) 16 19

    Ruling

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

  • 2012 | HC/E/TR 1169 | European Court of Human Rights (ECrtHR) |
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    3 4 5 12 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

  • 2013 | HC/E/FR 1271 | European Court of Human Rights (ECrtHR) |
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    1 2 3 4 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)

    Ruling

    By five to two, the ECrtHR held that France had breached Article 8 of the European Convention on Human Rights (ECHR) owing to its authorities' forbearance of the father's refusal to cooperate in execution of the return judgment. The Court also granted just satisfaction to the mother, her younger son and her daughter under Article 41 of the ECHR.

  • 2000 | HC/E/BE 524 | BELGIUM | First Instance
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Procedural Matters

    Order

    Application dismissed

    Article(s)

    4

    Ruling

    Application dismissed; the court seised was incompetent to hear the matter and in addition the Convention was not applicable.

  • 2017 | HC/E/JP 1390 | JAPAN | Appellate Court
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Synopsis

    1 child wrongfully retained in Japan ― National of Singapore and Japan ― Married parents ― Father national of Singapore – Mother national of Japan ― Child lived in Singapore until 2016 ― Application for return filed with the Central Authority of Singapore in 2016 ― Petition for return filed with the courts of Japan in 2017 ― Return ordered ― Main issues: acquiescence and Art. 13(1)(b) grave risk exception to return – There is no grave risk in ordering the return of the child in cases involving domestic violence between the parents where a protection order is in place in the requesting State and where there is no evidence that any violence has been committed against the child ― It cannot be said that a parent has not actually exercised rights of custody at the time of removal if he did not know the whereabouts of the child at that time  ― A parent has not approved of or acquiesced in the retention if he filed a return application with the Central Authority of the requesting State about one month after coming to know of the removal, and with the courts of the requested State almost one year after the removal, respectively.

  • 2015 | HC/E/FR 1373 | FRANCE | Superior Appellate Court
    Languages
    Full text download FR
    No summary available
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, return ordered

    Article(s)

    3 4

    Synopsis

    1 child wrongfully removed at age 4 – Child lived in France until August 2012 – Return ordered – Main issue: habitual residence – Habitual residence should be determined in the light of all the factual circumstances particular to the case, including the parents’ shared intention and decisions taken with a view to ensure the child’s integration

  • 2001 | HC/E/CA 751 | CANADA | Appellate 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

    Appeal dismissed, return refused

    Article(s)

    1 3 4 5 12 13(1)(a) 13(1)(b) 13(2) 16 13(3)

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

  • 2007 | HC/E/CA 729 | CANADA | Appellate Court
    Languages
    Full text download EN
    No summary available
    Order

    Return refused

    Article(s)

    3 4 5 12 13(1)(a)