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Search results (840)

  • 2017 | HC/E/HR 1396 | CROATIA | First Instance
    Municipal Court of Rijeka, No. R1Ob-649/16 of 16 June 2017
    Languages
    Full text download HR
    Summary available in EN | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b) 16

    Synopsis

    1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents – Father national of Croatia and Germany – Mother national of Croatia – Joint costudy according to the German Civil Code – Child lived in Germany until December 2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 – Return ordered – Main issues: Art. 13(1)(b) grave risk exception to return, Undertakings, Objections of the Child to a Return – The Court ordered the return of the child, whose retention in Croatia was found to be unlawful under Art. 3 of the 1980 Hague Child Abduction Convention.

  • 2016 | HC/E/DE 1406 | GERMANY | Appellate Court
    Oberlandesgericht Stuttgart (Stuttgart Higher Regional Court), 17 UF 56/16, 04 May 2016
    Languages
    Full text download DE
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    The complaint appeal was rejected and it was once again ordered that the child be returned. No evidence was found that the child’s wellbeing was in danger due to the fact, that the father lost custody of his other daughter because of sexual abuse and his alleged paedophilic tendencies.

  • 2016 | HC/E/DE 1405 | GERMANY | Appellate Court
    OLG München (Munich Higher Regional Court), 6 July 2016, 12 UF 532/16
    Languages
    Full text download DE
    Summary available in EN | ES
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | European Convention on Human Rights (ECHR)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    The mother’s complaint appeal was rejected and the father’s application for the return of the child was approved. It was not possible to establish any reason why the child’s wellbeing would be endangered in the event that he were returned.

  • 2006 | HC/E/UKe 866 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Deak v. Deak [2006] EWCA Civ 830
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Article 15 Decision or Determination | Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b) 13(2) 15

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

  • 2020 | HC/E/JP 1527 | JAPAN | Appellate Court
    2019 (Ra) No. 636 Appeal case against an order to return the child
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Synopsis

    Japanese child born in 2014 ― Father and mother previously foreign nationals and naturalized in Japan ― Parents married in 2001 in Japan ― Parents and child moved to the US in July 2017 ― Child obtained health insurance and enrolled in kindergarten in the US ― Parents established a company and started a business in December 2017 in the US ― Marital relationship deteriorated, and father removed child to Japan in April 2019 ― Neither father nor mother had a long-term visa for the US ― Mother filed petition for the child’s return to the Tokyo Family Court in December 2019 ― Return ordered ― Appeal dismissed and return ordered by the Tokyo High Court in June 2020 ― Main issue: Habitual residence of the child and grave risk defence.

  • 2009 | HC/E/DK 1101 | DENMARK | Superior Appellate Court
    V.L. B-1572-09
    Languages
    Full text download DA
    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 ordered

    Article(s)

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

    Ruling

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

  • 2020 | HC/E/CA 1496 | CANADA - ONTARIO | First Instance
    Wallace v. Williamson 2020 ONSC 1376
    Languages
    Full text download EN
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 12

    Ruling

    The court ordered the return of the child to the USA.

  • 2002 | HC/E/ES 907 | SPAIN | Superior Appellate Court |
    Sentencia nº 120/2002 (Sala Primera); Número de Registro 129/1999. Recurso de amparo
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters

    Article(s)

    1 3 7 9 11

    Ruling

    "Amparo" granted by the Constitutional Court which mandated the Court of Appeals to decide on the merits of the appeal.

  • 2008 | HC/E/FR 957 | FRANCE | Appellate Court
    CA Grenoble, 4 juin 2008, No de RG 08/01779
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 4 5 12 13(1)(b) 16 19 20

    Ruling

    Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

  • 2012 | HC/E/CH 1293 | SWITZERLAND | Superior Appellate Court |
    5A_346/2012, IIe Cour de droit civil, arrêt du TF du 12 juin 2012
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    3 26

    Ruling

    Appeal dismissed; the child had not had a habitual residence in Greece.

  • 1996 | HC/E/UKn 241 | UNITED KINGDOM - NORTHERN IRELAND | First Instance |
    K. v. K., Re M.-N.K. and A.K. (Minors), 3 December 1996, transcript, High Court of Northern Ireland
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    3 5 12 13(1)(a)

    Ruling

    Return refused; the father had acquiesced in terms of Article 13(1)(a).

  • 1994 | HC/E/NZ 247 | NEW ZEALAND | First Instance |
    M. v. H., 30 June 1994, transcript, District Court of New Zealand at Christchurch
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    3 12 13(1)(b)

    Ruling

    Return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to show that the child would face a grave risk of physical harm had not been met.

  • 1995 | HC/E/NZ 250 | NEW ZEALAND | First Instance |
    S. v. O.D. [1995] NZFLR 151
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3

    Ruling

    Removal wrongful and return ordered; the child was habitually resident in Australia at the relevant date.

  • 1991 | HC/E/AU 252 | AUSTRALIA | First Instance |
    Artso v. Artso (1995) FLC 92-566
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3

    Ruling

    Return ordered; the retention was wrongful as only the father had the requisite intention to stay in Australia and acquire a habitual residence there.

  • 1988 | HC/E/AU 255 | AUSTRALIA | Appellate Court |
    Gsponer v. Johnson (1989) FLC 92-001; 12 Fam. LR 755, [1988] FamCA 21
    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)

    3 13(1)(b) 29

    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 if returned had not been met.

  • 1991 | HC/E/FR 257 | AUSTRALIA | Appellate Court |
    In the Marriage of Resina [1991] FamCA 33
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal allowed, refusal of Article 15 declaration overturned

    Article(s)

    3 5 15

    Ruling

    Appeal allowed and a declaration was made that the removal was wrongful; while the father had no standing to make an Article 15 application, that could be made on the application of the Central Authority as an intervenor.

  • 1997 | HC/E/UKe 177 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B. (Abduction: Article 13 Defence) [1997] 2 FLR 573
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 12 13(1)(a) 13(1)(b) 19

    Ruling

    Return ordered; the retention was wrongful and the standard required under Article 13(1)(a) had not been met to show that the father had consented.

  • 1993 | HC/E/UKs 184 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    Findlay v. Findlay 1994 SLT 709
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    3 12 13(1)(a)

    Ruling

    Reclaiming motion (appeal) allowed; case remitted to the Outer House of the Court of Session to determine the issues of wrongful retention and habitual residence.

  • 1994 | HC/E/UKs 186 | UNITED KINGDOM - SCOTLAND | First Instance |
    Murphy v. Murphy 1994 GWD 32-1893
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Consent - Art. 13(1)(a)

    Order

    Return refused

    Article(s)

    3 13(1)(a)

    Ruling

    Return refused; the court found that the father had consented to the children going to and remaining in Scotland.

  • 1987 | HC/E/UKs 192 | UNITED KINGDOM - SCOTLAND | First Instance |
    Viola v. Viola 1988 SLT 7, 1987 SCLR 529
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 11 12 13(1)(b) 13(3)

    Ruling

    Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of an intolerable situation had not been met.